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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116724
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am permanently disabled and receive long term disability.

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I am permanently disabled and receive long term disability. My claims examiner is compelling me to file my Tax Returns, and have now held back 4 months of benefits until I comply. My tax filings were delayed due to the IRS processing an '08 return as 2010 return. This process has taken 2 years to correct with the help of TAX Advocate. I am still preparing my 2010 ,2011 returns (refund due). They claim to be looking for any potential Offsets to reduce my benefits. I have no other retirement benefits, other than SS disability which has already been accounted for. Can they stop my monthly income and force me to send my TAX returns even though I am still meeting the filing requirements?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that if the long term disability company wants proof of your income via your income tax returns to show that all you are receiving is SSDI and no other income from work, then they have a right to proof. However, if you owe no taxes because of your disability income status, they cannot legally force you to file income taxes as long as you provide them all of the financial information they are seeking to verify your income and any offsets they may be due. If they refuse to accept alternative proof, then your recourse is that you have to file suit against them for breach of contract in bad faith.

You start by sending them a LETTER telling them you are willing to provide them with documentary proof of your income, but you are not compelled to file taxes when you owe no income taxes and if they are not willing to accept alternative proof then they are in bad faith in denying your benefits and you will pursue them for benefits, damages and attorney's fees for their bad faith refusal to accept alternative proof of income.

If they refuse, then you have to sue them in court. That is your legal option here.

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