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Disability Benefits related Questions

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
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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How JustAnswer Works:

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Tina
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Recent Disability Questions

  • I was involved in an automotive accident on August 7th of this

    I was involved in an automotive accident on August 7th of this year. I live in the state of Alabama. My car is being held pending an investigation by the local police department. The incident report has been provided to my insurance company. The woman in the other car passed on from her injuries and I suffer from a broken L3 vertebra.
    One month after the accident GM released the recall for the Camaro SS I drove. I instantly lost control of my car and my air bags didn’t deploy on impact. I attempted to inform the traffic homicide detective of the recall on the vehicle. They will not speak to me nor will they return my calls.
    The traffic homicide investigator has a hold on my car and will not allow my insurance even to make a basic determination if the vehicle is totaled so we can finalize the claim against my vehicle. This is financially damaging and is destroying my credit. Due to the accident I suffer from personal injuries that put me out of work for 2 months and 2 weeks. I was told it is normal for the insurance company to be allowed the ability to make a total loss determination by multiple sources.
    I did submit to a blood and urine analysis, which I know can prolong the hold pending the results.
    I have never been late on a payment till after the accident happened. My bank did wave one month’s payments. Due to how long I was on short term disability and my mounting medical bills. I am unable to make my payments. If it wasn’t for the police not allowing my insurance to determine it a total loss, I am suffering great financial hardships. Simply put the hold on my car placed by the police department is destroying my life financially.
    I hope I provided enough information to answer my question.
    I am asking if there are any actions that I can take to have my car inspected by the insurance company?
    Also can the police department be held accountable for financial damages their investigation has caused if no charges are issued?
    Also any advice to what I should do beyond contacting a lawyer for the GM recall?
  • I am a property manager in NC. If someone asked me if there

    I am a property manager in NC. If someone asked me if there are a lot of students on the property I manage and I revealed yes there are students but mostly grad students and a host of others and told them a variety of people live here from single professionals,
    married with children, retirees a little bit of everyone and that there aren't frat parties every night. I will be less informative in the future, as I realized after I answered I shouldn't have said anything and also unwittingly said afterwards I think I
    just broke a few real estate laws telling you that and they said of course they wouldn't say anything. I have just gotten recent word they're starting to investigate fair housing issues in the state of NC over the next three years. I had this conversation
    with someone in the last two weeks. And so out of concern and some honest paranoia, I am wondering did I unwittingly commit steering in some manner?
  • My sister has been on Social Security disability for many years

    My sister has been on Social Security disability for many years because she is mentally ill and can't work full-time. Because of a situation that happened in 2012 or so, they now say she owes them $36,000, due on December 14. I feel they are attacking a person who should be on disability and doesn't need to pay this back. They are mistaken as to their judgment. In 2012 she went over her monthly part-time working cutoff because of one month's overtime that she had to do. That was the only time she went over. Is there anyone I could contact on her behalf?
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