what type of attorney do i need to discuss property sale affecting ssd income

by Maureen Lehner 5 min read

How can an attorney help with Social Security disability issues?

Oct 04, 2021 · Attorney credentials and specialized training – Seek out a licensed attorney who has strong understanding of social security disability law. While claim representatives do not have to be licensed to represent claimants at disability hearings, a licensed attorney will be more knowledgeable about and better at interpreting disability law.

What kind of lawyer do I need for intellectual property?

Apr 01, 2016 · Disability lawyers are not required when applying for Social Security Disability benefits; however, they do increase your chances of success.. You can go through all levels of the disability process on your own. You can file the application for benefits yourself, appeal your denial, and represent yourself, if needed, at you hearing in front of an Administrative Law Jude.

Can a deceased taxpayer sell real property?

Below, we discuss the implications of inheritances in the two types of Social Security disability programs and how you may be able to preserve your benefits. For questions about your specific case or for help with Social Security disability benefits, call our disability lawyers in Raleigh at Lunn and Forro, PLLC for a free case consultation ...

What kind of lawyer do I need to solve my legal problem?

Per the IRS, SSDI benefits will be taxed when you exceed certain income thresholds. The threshold depends on whether you file single or jointly, and includes half your SSDI benefits. Depending on how much your income exceeds these totals, as well as your filing status, the taxable portion of your SSDI benefits can range from 50% up to 85%.

Does selling a house Affect SSDI benefits?

Buying or selling a house would have no effect on Social Security disability benefits (SSDI). However, if you receive Supplemental Security Income (SSI), then proceeds from the sale of your home could potentially make you ineligible for SSI payments at least temporarily.Dec 8, 2017

Does selling a house count as income for Social Security?

How about taxes? A: The good news is that the sale of your home, or real estate that you hold as an investment (like a vacation home or rental property), won't reduce your Social Security benefits. Social Security earnings restrictions rules only kick in when income is received as wages and earnings from jobs.May 6, 2015

Does selling property affect Social Security?

If you sell your property for cash, your benefits may be affected because you will have to deal with capital gains taxes. Earning restrictions on SS benefits do not apply to money earned on the sale of an investment property, so in that sense, your benefits remain unaffected.Sep 29, 2021

What changes do you have to report to SSDI?

You must report any changes that may affect your benefits immediately, and no later than 10 days after the end of the month in which the change occurred. Changes you need to report range from a change of address to traveling outside the United States for 30 consecutive days.Dec 10, 2015

Is money from sale of house considered income?

Home sales profits are considered capital gains, taxed at federal rates of 0%, 15% or 20% in 2021, depending on income. The IRS offers a write-off for homeowners, allowing single filers to exclude up to $250,000 of profit and married couples filing together can subtract up to $500,000.Dec 2, 2021

Does a capital gain affect Social Security?

And only income earned from working has this effect. ... Other types of income, such as dividends, interest and capital gains from investments, aren't counted by Social Security for this purpose.Nov 17, 2021

What kind of income reduces Social Security benefits?

If you are younger than full retirement age and earn more than the yearly earnings limit, we may reduce your benefit amount. If you are under full retirement age for the entire year, we deduct $1 from your benefit payments for every $2 you earn above the annual limit. For 2022, that limit is $19,560.

Will selling on eBay affect my SSDI?

There are many people who just can't make ends meet on the Social Security Disability income they receive. ... Obviously, if you want to sell a few things on eBay, babysit for a friend or make some money doing surveys online, it isn't going to affect your ability to receive Social Security Disability.Nov 12, 2010

Can you have assets and receive Social Security disability?

Answer. There is no asset limit for Social Security disability insurance (SSDI) -- BUT, there are two separate disability programs operated by the Social Security Administration. ... To be eligible for SSI, a person has to have low income and low assets (less than $2,000).

Does inheritance Affect SSDI benefits?

The Social Security Administration (SSA) provides two types of disability benefits, one for disabled workers (SSDI) and one for disabled adults and children with limited income and resources. ... Inheritances are unearned income. As such, any inheritance you receive will not affect SSDI benefits.

What must be reported to Social Security?

You must report all changes in your income including new income and income that ends or changes in amount. Be prepared to provide verification of the change. SSA does not count many kinds of income against your SSI payment, but the laws governing income for SSI are quite detailed.Apr 10, 2020

How much does SSDI pay in 2021?

As of 2021, the maximum amount of money an individual can earn while receiving SSDI benefits is $1,310 for non-blind disabled workers. (Disabled workers who are blind are subject to SSDI income limits of $2,190 per month.)Mar 29, 2021

What is the maximum Social Security amount for 2020?

Deemed Income. According to the Social Security Administration (SSA), “The monthly maximum Federal amounts for 2020 are $783 for an eligible individual, $1,175 for an eligible individual with an eligible spouse, and $392 for an essential person.”. Learn more about how the SSA determines your income qualifications.

Is SSDI taxable?

Unlike SSI, SSDI is not a needs-based benefits program, so you cannot lose your benefits by going above a certain income threshold. However, a portion of your SSDI benefits can in some instances become taxable. Roughly one third of SSDI recipients have a portion of their benefits taxed.

What is a special needs trust?

A special needs trust is a legal arrangement which allows a disabled person to receive an income without it jeopardizing that person’s benefits, such as SSI, Medicaid or Medicare. Since each case is unique, the best place to start is always by consulting a qualified SSI attorney.

How long do you have to live in a home to qualify for the exclusion?

This means that during the 5-year period ending on the date of the sale, you must have: Owned the home for at least two years (the ownership test) Lived in the home as your main home for at least two years (the use test)

Can you exclude a home from the sale of your main home?

If you have more than one home, you can exclude gain only from the sale of your main home. You must pay tax on the gain from selling any other home. If you have two homes and live in both of them, your main home is ordinarily the one you live in most of the time.

How much can you exclude from your income if you sell your home?

If you have a gain from the sale of your main home, you may be able to exclude up to $250,000 of the gain from your income ($500,000 on a joint return in most cases).

Do you own a beach house in the city?

You own and live in a house in the city. You also own a beach house, which you use during the summer months. The house in the city is your main home; the beach house is not.

How long did Amy live in the house?

During the 5-year period ending on the date of the sale (February 1, 1998 - January 31, 2003), Amy owned and lived in the house for more than 2 years as shown in the table below. Amy can exclude gain up to $250,000.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is a federal estate tax lien?

The lien attaches to all assets of the decedent’s gross estate that are typically reported on Form 706, United States Estate Tax Return.

What does "discharge" mean in real estate?

What does the above mean? Put simply as possible, it means that before you sell real property of a decedent’s estate you typically need the IRS to “discharge” that property from either the estate or the assessment tax lien. To discharge property from a lien is to remove the lien’s effect.

What is a discharge from a lien?

To discharge property from a lien is to remove the lien’s effect. This allows the buyer to take title to the property free and clear of the tax lien. For help with requesting a discharge involving a decedent’s income tax liability, see IRS Publication 783, Instructions on How to Apply for a Certificate of Discharge from Federal Tax Lien PDF. ...

Activities the SSA will not consider substantial gainful activity

Not all activity is considered substantial gainful activity. In fact, the SSA does not consider going to school, participating in normal social activities, performing daily chores, going to physical therapy, or maintaining your personal hygiene to be substantial or gainful work.

Can I volunteer and get SSDI benefits?

Volunteer work is a bit more complex, but it’s important to remember that volunteer work can be considered substantial gainful activity, even if you are not getting paid.