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

by Mrs. Janice Moore 4 min read

How can an attorney help with Social Security disability issues?

Not all claimants will need to hire a lawyer before or after they submit a SSDI application. If you have a condition and corresponding symptoms which definitely meet or equal a listing or a condition on the Compassionate Allowance list, assuming you meet all of the nonmedical requirements for SSDI , you will not need legal help.

Does inheriting money affect SSDI benefits?

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%.

Do I have to pay taxes on SSDI benefits?

Eligibility is based on work history and the number of work credits on the recipients’ records, not on income, assets, or resources. The only income that would affect SSDI benefits is earned income that exceeds $1,170/month. Inheritances are unearned income. As such, any inheritance you receive will not affect SSDI benefits.

What kind of lawyer do I need for intellectual property?

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. However, she cannot exclude the part of the gain equal to the depreciation she claimed for renting the house.

Does selling my house affect my SSDI?

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?

If your home sale produces a short-term capital gain, it is taxable as ordinary income, at whatever your marginal tax bracket is. On the other hand, long-term capital gains receive favorable tax treatment. Long-term gains are taxed at rates of 0%, 15%, or 20%, depending on your overall taxable income.Jan 22, 2020

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?

Again, for the SSDI program, there is no limit to the amount of assets, cash, or resources you own. In addition, there's no limit to the amount of income you or your spouse makes. ... 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.

What is the SSA disability?

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. The former is a safety net for workers who become disabled before retirement age and can no longer work. Eligibility is based on work history and ...

Does inheritance affect Social Security?

Yes. Inheritance can affect Social Security disability benefits. Much depends on the type of benefit you receive. 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 ...

What is the SSI program?

The SSA offers another disability program, Supplemental Security Income or SSI, for blind persons, disabled children, and disabled adults with limited work histories. Because it is a need-based program, your income, assets, and resources affect your eligibility. The financial criteria for SSI for 2017 are as follows:

What is a food stamp?

Food stamps (SNAP) Tax refunds. Welfare and other public benefits based on need. Money that you use for disability-related work expenses, such as special transportation. If you are working, the SSA allows for additional exclusions to countable income. These reductions can make it easier to qualify for SSI.

What is an ABLE account?

ABLE (Achieving a Better Life Experience) accounts are tax-advantaged savings accounts that allow the family members to “set aside $14,000 a year for children and other beneficiaries who are disabled before age 26.

Can I get SSI if I am disabled?

If you became disabled before the age of 26 and you are already receiving SSI or SSDI, then you are automatically qualified for an ABLE account. If the benefactor puts your inheritance in an ABLE account, it will not affect your eligibility for SSI.

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 are the benefits of SSDI?

SSDI and SSI recipients benefit from tax deductions, income exemptions, and tax-advantaged accounts . There are a number of tax deductions and exclusions for people who are on SSDI or SSI as well as special rules for tax-advantaged savings and retirement accounts. These are in addition to several tax credits that recipients ...

How does a tax deduction affect your tax return?

A tax deduction reduces your taxable income, so the more deductions you have, the less income you'll have to be taxed, and the less tax you'll have to pay. The amount a deduction will save depends on your top tax rate. For example, if you're in the 12% tax bracket, a $100 deduction will save you $12 in income tax.

Can you deduct impairment related work expenses?

If you have a disability that limits your ability to work or substantially limits a major life activity, such as walking, breathing, learning, or using your hands, you can deduct your impairment-related work expenses (IRWE) from employment income or self-employment income.

What is standard deduction?

The standard deduction is a specified dollar amount you are allowed to deduct each year to account for personal expenses such as medical expenses, home mortgage interest and property taxes, and charitable contributions. You take the standard deduction instead of totaling up and deducting your actual personal expenses.

How much is the standard deduction for 2021?

For instance, for the 2021 tax year, the standard deduction for a single person is $12,550.

Is SSI income taxable?

All of your Supplemental Security Income (SSI) benefits are excluded from your income, making them not taxable. You should not include them in your income when you prepare your tax return (if you're required to file a return).

What is an ABLE account?

ABLE accounts (named for the Achieving a Better Life Experience Act) are special tax-advantaged savings accounts for people with disabilities. If you became blind or disabled before age 26, you can establish an ABLE Account, or others can do so on your behalf.

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 an IRD on a tax return?

IRD is income which the decedent (person from whom you inherited the property) would have included on his/her individual tax return, except the income was earned/received after their death.

Is property you inherit taxable?

For the most part, property you inherit is not included in your income for tax purposes. However, items which are considered “income in respect of a decedent,” or “IRD” may be taxable to you or a portion thereof.

What are some examples of IRD?

Some examples of IRD include but not limited to: Compensation-related benefits paid after death (vacation pay), benefits from an individual retirement account, stock dividends, interest income, stock sales, etc. Now that we understand IRD, let’s review a decedent’s estate. A decedent’s estate is a separate legal entity for federal tax purposes ...

What is income distribution deduction?

The income distribution deduction determines the amount of any distributions taxed to the beneficiaries. For this reason, a decedent’s estate is sometimes referred to as a “pass-through” entity. The beneficiary, and not the decedent’s estate, pays income tax on his or her distributive share of income. Schedule K-1 is used to notify the ...

What does a score of 80 mean?

A score of 80 or more on a 100-point scale indicated that brook trout could be sustained there. The club then checked out various streams in the Shenandoah Valley and northern Virginia and rated them. Their club had raised brook trout fingerlings, and they were looking for a place to launch them.