Tax

Have a tax question? Ask a tax Expert

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

My adult son (turned 26 in 2017) was diagnosed this year…

My adult son (turned...

My adult son (turned 26 in 2017) was diagnosed this year with serious mental illness. He spent several months in hospital, followed by supervised living, then intensive outpatient. Can I claim the medical expenses we paid for him? He does not have a job and did not earn any money. Doctor wrote a note, and he has been extended on our medical insurance as a dependent. Read the IRS guidelines - not sure what qualifies as "permanently and totally disabled"

Show More
Show Less
Ask Your Own Tax Question
Answered in 6 minutes by:
3/27/2018
Gerald, Esq
Gerald, Esq, Attorney
Category: Tax
Satisfied Customers: 5,366
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Tax Question

Hello:

I am sorry that you are having this struggle. I can not imagine how difficult this must be for you.

IF you are eligible to claim your son as a dependent you may deduct medical expenses paid for him.

When you itemize your deductions for a taxable year on Form 1040, Schedule A.pdf, Itemized Deductions, you deduct expenses you paid for medical and dental care for yourself, your spouse, and your dependents. This is recorded on Form 1040, Schedule A.

In regard to medical expense deductions the expenses must exceed 7.5% of your adjusted gross inome.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Ask Your Own Tax Question

To be clear your son is a dependent if you provided "over one-half of the individual’s support for the calendar year in which such taxable year begins" AND he was not declared as a dependent on someone else's return. If you meet this test the disability question does not come into play.

Kind regards,

Gerald

Ask Your Own Tax Question
Customer reply replied 3 months ago
I was confused by the term "permanently and totally". There is a chance that he will be able to get back to functioning after some period of time. You seem to be suggesting that for now, because the doctor wrote him a note that he is a medical dependent, that he is totally disabled. If that changes later, that's ok. We just wouldn't be able to deduct expenses any more (and we wouldn't have them to worry about!). Also - for 3 months, he was in a supervised transitional living program. Is that deductible (it's $10k/month). And he is not in intensive outpatient. Is all of that deductible ($20K/month), or only the portion of it that is submitted to insurance.
Customer reply replied 3 months ago
I see a typo - he is now in intensive outpatient (I typed not in intensive outpatient)
Customer reply replied 3 months ago
Also - the transitional living at $10K/month could not be submitted to health insurance

If you are providing more than 50% of his support he is your dependent - the disability notwithstanding. So you can claim the deduction in that instance. Even if he recovers somewhat if you are still supporting him he is still your dependent..

The fact that hwe was not living wiith you for three months does NOT affect this.

You can deduct the out of pocket expenses and any insurance premiums. You can not deduct what insurance covers.

See:

https://www.law.cornell.edu/uscode/text/26/152

Ask Your Own Tax Question
Customer reply replied 3 months ago
In terms of the support - we provided 100%. But IRS Publication 502 seems to imply that he has to be younger than 24 or permanently and totally disabled.

You want to look at sections (d)(1)(C) and (d)(2) for the dependency test.

Ask Your Own Tax Question

If you are confused about some of this and wish to discuss this we can. I have submitted Highly Discounted BUT OPTIONAL offer to you for a premium service phone call so that we can discuss your concerns more easily. It is purely optional and I do not want you to spend extra money if it is not necessary. We can continue to post at no additional charge.

Gerald, Esq
Gerald, Esq, Attorney
Category: Tax
Satisfied Customers: 5,366
Experience: Over 30 years of experience.
Verified
Gerald, Esq and 87 other Tax Specialists are ready to help you
Ask your own question now

Thank you Please enter your contact information where indicated.

Ask Your Own Tax Question
Customer reply replied 3 months ago
sent you the phone information - are you available to chat?

I need your number to call.

Ask Your Own Tax Question

Calling now

Ask Your Own Tax Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a tax professionalLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq
Gerald, Esq, Attorney
Category: Tax
Satisfied Customers: 5,366
5,366 Satisfied Customers
Experience: Over 30 years of experience.

Gerald, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,338 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,512 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

PhillipsEsq.

PhillipsEsq.

Attorney-at-Law

59 satisfied customers

B.A., M.B.A, J.D.

Robin D.

Robin D.

Senior Tax Advisor 4

15,569 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,655 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

< Previous | Next >

Related Tax Questions
My son went to therapeutic boarding school for 18 months for
My son went to therapeutic boarding school for 18 months for autism and ADHD. There are documents online that state the tuition can be deducted if the school was recommended by a doctor- which it was.… read more
Carter McBride
Carter McBride
LLM
1,192 satisfied customers
You helped me before and I have another question: I am the
Hi Barbara, You helped me before and I have another question: I am the father of an 18 year old who attends a lifeworks program full time, instead of the high school. He attends this program because o… read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,465 satisfied customers
I see. they make you work hours. No so my question is, my
no so my question is, my friend filed his return for 2012 on october 15, 2016, without prior filing an extension we think he qualifies under "financial disability" under IRC code section 6511(h) … read more
emc011075
emc011075
Tax advisor and Enrolled Agent
Bachelor\u0027s Degree
3,094 satisfied customers
My husband quit his job of ten years after an injury and we
Hi my husband quit his job of ten years after an injury and we got a 1099-R can we claim a disability exemption of the 10% penalty? … read more
emc011075
emc011075
Tax advisor and Enrolled Agent
Bachelor\u0027s Degree
3,094 satisfied customers
Can I still claim an adult child who is disabled but can
Can I still claim an adult child who is disabled but can work and makes over $4,000 per year. However, I pay more than half of his living costs. I pay his medical insurance, doctor and prescription co… read more
Mark D
Mark D
Enrolled Agent
Master's Degree
1,338 satisfied customers
My 3.5 month old child was diagnosed with Cardiomyopathy on
My 3.5 month old child was diagnosed with Cardiomyopathy on 4/18/14 and confined to the Pediatric Intensive Care unit of the hospital. He received a new heart in December 2014 and remained in the hosp… read more
keeperumiami
keeperumiami
Sr Financial & Tax Consultant
Bachelor\u0027s Degree
1 satisfied customers
I am wondering about taking a "disabled" EITC on my son. He is a high functionin
I am wondering about taking a "disabled" EITC on my son. He is a high functioning autistic, he had a mental breakdown this year and withdrew from school all year. he was very sick. He also has an anxi… read more
Tax.appeal.168
Tax.appeal.168
Principal
13 satisfied customers
Can I claim gym membership back on my taxes if it has been
Can I claim gym membership back on my taxes if it has been recommended by my therapist as a way to deal with anxiety? I am not currently a member of a gym.… read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,465 satisfied customers
Stephen G Stephen: I contacted you a couple of weeks
Stephen G Stephen: I contacted you a couple of weeks ago or so about obtaining an insurance policy for a sick friend who remain undiagnosed. I've decided to go with BCBS. To purchase a metalic insuran… read more
keeperumiami
keeperumiami
Sr Financial & Tax Consultant
Bachelor\u0027s Degree
1 satisfied customers
Currently I have hired a senior care agency to care for my
Currently I have hired a senior care agency to care for my wife in our home. I would like to treat this expense as a medical expense and take a tax deductions. Q. What steps must I take to qualify my … read more
taxmanrog
taxmanrog
Master\u0027s Degree
996 satisfied customers
Hi: I have a 23 year old son diagnosed with Bipolar II and
Hi: I have a 23 year old son diagnosed with Bipolar II and major depression. He meets the iRS criteria for permanently and totally disabled, and his psychiatrist will sign a form to this effect. He ha… read more
keeperumiami
keeperumiami
Sr Financial & Tax Consultant
Bachelor\u0027s Degree
1 satisfied customers
I have an adult son who is bipolar and a recovering addict.
I have an adult son who is bipolar and a recovering addict. He has been unable to work the last few months because of his condition and also 6 weeks in Rehab. It will be a while before he can get a jo… read more
keeperumiami
keeperumiami
Sr Financial & Tax Consultant
Bachelor\u0027s Degree
1 satisfied customers
My wifes 47 year old mentally retarded son began to live with
My wife's 47 year old mentally retarded son began to live with us on June 27, 2010. His only income is disablility payments of $700 per month. He has never worked, is in counselling and is diagnosed w… read more
R. Klein, EA
R. Klein, EA
Tax Advisor
Master\u0027s Degree
3,104 satisfied customers
My question concerns a young adult loved one who has a drug addiction.
My question concerns a young adult loved one who has a drug addiction. The family is pushing for an intervention and drug rehab but the parents are understandably aggravated, tired of the costs of the… read more
keeperumiami
keeperumiami
Sr Financial & Tax Consultant
Bachelor\u0027s Degree
1 satisfied customers
Hello My dad passed away in October 2010. I have found that
Hello: My dad passed away in October 2010. I have found that I must file a final 1040 return for him from Jan 2010 to the date of his death, Oct 26, 2010, and then and estate tax, form 1041, for the r… read more
Wendy Reed
Wendy Reed
Master Tax Advisor Enrolled Agent
Master\u0027s Degree
3,197 satisfied customers
I have a 28 year old son who is mentally ill, paranoid schizophrenic
I have a 28 year old son who is mentally ill, paranoid schizophrenic and bi-polar, and has resided at may home for most of the year. He has not held a job or earned any income, but has not filed for d… read more
Merlo
Merlo
Tax Consultant
558 satisfied customers
My adult 25 year old son has no medical insurance. I ...
My adult 25 year old son has no medical insurance. I paid over $14,000 this year in medical expenses to help him get into a drug addiction intensive inpatient and outpatient program. I had to cash in … read more
MequonCPA
MequonCPA
CPA Firm Owner
Master\u0027s Degree
2,290 satisfied customers
I have a young son (age 19) who is handicapped. He ...
I have a young son (age 19) who is handicapped. He has autism. His doctor has stated in a letter that my son is incapable to hold a job. My question is this.. I believe I am able to delcare him as a d… read more
Guru_Guy
Guru_Guy
Doctoral Degree
1,634 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x