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Questions about Disability Benefits

As per statistics, a disabling accident occurs almost every second in the U.S. That apart a disability could also include a psychological disorder hindering a person’s ability to lead an economically productive life. Disability benefit “is a form of insurance that insures the beneficiary's earned income against the risk that a disability creates a barrier for a worker to complete the core functions of their work.” Thus disability benefit is a central component to the U.S.’s Social Security network. Even then, claiming a disability benefit might sometimes involve many legal niceties which could require the help of professionals and or Experts. Listed below are a few commonly asked questions regarding disability benefits that have been answered by Experts.

Can the Federal Government claim taxes on disability benefits at the end of the year?

Whether or not the Federal Government can claim taxes on disability benefits depends on the total income of the person over and above the disability income. If the total income is between $25,000 and $34,000, half the disability income can be subject to taxation. In case the total income exceeds $34,000, 85% of the disability income might come under the tax net. Hence, the issue of tax is correlated to the combined income of the beneficiary.

While figuring income in a divorce case can the court take into account VA disability benefits?

When a divorce case is filed they can take into consideration all available sources of income of the defendant. The court does not have the authority to direct the defendant to pay the entire pension or any part thereof to anybody. However, while deciding matters relating to child or spousal support they can take into consideration the income of the defendant.

How can one check online the status of application for Social Security Disability Benefits?

As of now the Social Security Administration does not have any type of online tracking system in place. Therefore, it is not possible to check the status of the application for Social Security Disability Benefits. There are many instances where applicants learn about the approval of the application only after the money had been deposited to their bank account without any mail notification. Usually it takes six months to get it approved.

Is a person entitled to disability benefits who has to undergo mandatory cancer surgery that will render him/her out of work for about six weeks?

In such cases private disability benefits can be provided by the employer but are usually subject to certain conditions. But such cases do not come under the purview of State or Federal Disability Benefits. Supplementary Security Income (SSI) can be considered only if the person fulfills all the criteria of being an indigent. An online application can be filed at http://www.ssa.gov/ to check whether the person concerned can be considered for SSI.

Can a person draw disability income from his/her private employer while availing of the Social Security Disability Benefits?

Social Security Disability Benefit is a Federal entitlement program. Hence, it is independent of any collateral income of the beneficiary. However, the person concerned must not have any income from working. In plain terms, his/her availing of disability income from the insurance plan with his/her employer will not affect the Social Security Disability Benefits.

While disability benefits are a fundamental right of the citizen it could sometimes involve various legal issues which a lay person may not be familiar with. In such cases an Expert might be of great help in providing advice or processing the formalities of claiming the benefits.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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Recent Disability Benefits Questions

  • I recently almost choked on something that was in my liter

    I recently almost choked on something that was in my liter bottle of soda! It is 4 tips of what appears to be rubber gloves . Do I have amy kind of case against this company, I will never be able to drink this soda again!!
  • I am employed as an Accountant in an Income Tax Division of

    I am employed as an Accountant in an Income Tax Division of a local municipal government. For the duration of my employment, I have been a union member under contract which are renegotiated every three years. The Income Tax Division is one of the many divisions within the Finance Department. I would like to know if one of my supervisors is considered to be a public official within the meaning of Ohio Revised Code Section 2921.42 which states in part, (A) No public official shall knowingly do any of the following:
    (1) Authorize, or employ the authority or influence of the public official's office to secure authorization of any public contract in which the public official, a member of the public official's family, or any of the public official's business associates has an interest;
    To answer this question I have provided the following information about the supervisor in question:
    The supervisor in question job title is Deputy Tax Commissioner and reports directly to the Tax Commission who in turn reports to the Finance Director (Head of the Finance Department). The Deputy Tax Commissioner has the authority to hire, fire, promote, discipline and is in charge of the day to day operations of the Income Tax Department. The Deputy Tax Commissioner is required to attend meetings with City Council, the Mayor and Finance Director.
    Please tell me if the Deputy Tax Commissioner is considered to be a public official within the meaning of Ohio Revised Code Section 2921.42. If you require further information please let me know.
  • In my fathers will he left his co-op to all four children.

    In my fathers will he left his co-op to all four children. Only two of them have there name on the stock certificate and the Florida co-op association says it only passes to the two children. Do the other two children have any legal right to it
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