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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.

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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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6 Lawyers are Online Now

How JustAnswer Works:

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Recent Disability Questions

  • My nephew is 45 years old and has a permanent disability from

    My nephew is 45 years old and has a permanent disability from a brain tumor over 10 years ago. He receives $1440 a month disability, now he is in a nursing home. He has an inheritance due him of 25 acres once sold. He is told he will receive none of that , because his hospital medical bills and the nursing home will take all of it. Is that true. shouldn't he have a medical card or something that pays all that? Also he has a medical power of attorney who he does not like, it is his sister in law. I feel she has neglected him by not addressing his needs over the past 10 years and that is why he is in the nursing home. Example his teethmove in his mouth when he tries to talk and there is obvious infection of the gums'. He says it would cost $5000 to pull his teeth and get dentures and he has no money . He needs dental care immediately and his glasses are broken and not fixed. I feel things are not handled right, but have no way of changing what is going on. What should I do. Q Aunt Bonnie
  • I need an Alabama bankruptcy Attorney. My question is : I have

    I need an Alabama bankruptcy Attorney. My question is : I have run a successful business for over 20 years carrying two private disability policies since day 1. I need career ending surgery now but trying my best to postpone until May so I can sell my house which still has a substantial mortgage. IF I cannot sell my house (I have it listed 20% below 2014 appraisal) and close to pay off even if I get current asking price (it is over built for the neighborhood), I will have to file bankruptcy before I get my surgery (its an open heart spinal reconstruction for a congenital spine defect along with a recent Parkinson's diagnosis), I will never be able to go back to work, can the bankruptcy court garnish my PRIVATE or PUBLIC disability during or after a liquidation bankruptcy and in Alabama, you cannot keep even one car, I have a car that is owed more on it than it is worth that I would like to re-affirm (it has disability on the contract so the payments get paid) is that also possible?
  • I am trying to help my 46 year old niece get on some form of

    I am trying to help my 46 year old niece get on some form of disability income as she has mental and physical issues that prevent her from working. We filed for social security disability and they said she had only 8 work credits and she needed 20. We live in Indiana, and my question is there some way to get around this or is there some other type of assistance she could apply for the would give her some income. i have been helping her for some time, but I retired and am no longer able to help her like I used to. Thank You
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