this concerns a 53 soon to be 54 year old in the state of Georgia.
note: this is the original query, the current questions are below Mercy&Grace's reply:
Amending a Tax Return After Qualifying for SSDI to Receive SSA Credit
My question involves a person located in the state of: Georgia
Not eligible for SSDI at time of application (March 2013) due to the '20 credits in the past 10 years' clause,
BUT - during the wait for ALJ hearing I amended 2 years of self-employed taxes in order to receive SSA work credits.
(2010 amend was due to not entering a 1099 misc as self employment income, honest mistake as it was the first time i'd ever filed as self-employed.
2011 amend all i did was remove deductions in order to pay more tax. The past 8 or 9 years were below poverty level. I hadn't worked a 'real' job since car accident 2007.
ALJ hearing was August 2015. Partially favorable decision but amended earnings had not yet been reported* to SSA by IRS, so 'not eligible for ssdi'.
*Part of that was because an IRS error necessitated a tax advocate getting involved.
I brought all tax paperwork to hearing, had faxed it to ODAR beforehand, and brought it to my local office afterwards as advised by judge.
I had called SSA 800 number numerous times to report change in the works, but found out by googling about SSA form 'Request to change earnings record'.
I kept checking w IRS and the My SSA page to see when earnings record would be corrected. Was told by an 800 # SSA rep that the record had been changed, and then changed BACK.
The local office has been non responsive though at last contact i was told of a clause in the POMS that would make my income change not be accepted, i will paste it in below.
so. question is; (if they do not accept amends)... if i file 2014 and 2015 taxes , those credits will bring the balance up to 20... so can i change from ssi to ssdi, and if so, how do i do that?
do i have to re-apply?
So... that thread is closed but i thought i'd update on the situation; when my 2014 taxes finally went through the 'my social security' page now says i am eligible for disability. (my earnings record shows 22 credits in the period of 2004 to 2014
(* and that is WITHOUT the 2010/2011 amendments being applied;
the local ssa office says they are 'still working on it' *)
i've been receiving 581.55 monthly from ssi since november 2015, 6 months now, and they figured my amount by taking my 2013 income (which was 4 thousand and something) dividing by 12 and using that to figure the reduction from the max ssi payment. They have different rules for self employed, i was told that a yearly review of the previous year's taxes is what will determine benefit amount. This will be a moot point when i can change to SSDI.
i contacted a local disability advocacy center who will be getting with me on how to request that ssi be changed to ssdi, but i have a question about medicare coverage... if it changes over NOW, does that mean it will be 2 years from now before i get medicare?
.....or is the eligibility 2 years from the alj determination of onset date (he chose June 2013 as medically disabled date)
i need to have both hips replaced and the surgeon does not accept medicaid, but he does accept medicare. i've already been on crutches a year and a half.
also, regarding the 2011 amendment; it wasn't really deducting 'necessary' expenses, because i didn't claim any of them the year before... in 2011 i was used online turbotax and just followed the prompts, not knowing that i did not HAVE to take deductions for using my home as a business, et al...later i was advised that it was legitimate to want to pay proper self employment tax. since i did both the amendments within the 3 year time limit i don't understand why they wouldn't change the earnings record.
(i was lucky enough to have art skills which kept me afloat (along with odd jobs/giving plasma/selling possessions) as i was trying to get employment again, though neither were ever something that i was successful at during the years after the car accident in 2007... as deteriorating health issues just made it about impossible to get a full time or even part time job... inflammatory arthritis, systemic lupus, avascular necrosis, carpal tunnel syndrome... all steadily worsening. and bipolar. eh. not my intended goal for this period of life - but - no real choice in the matter) i still ended up having to declare bankruptcy.
note: this is the original query, the current questions are below Mercy&Grace's reply:
Amending a Tax Return After Qualifying for SSDI to Receive SSA CreditMy question involves a person located in the state of: Georgia
Not eligible for SSDI at time of application (March 2013) due to the '20 credits in the past 10 years' clause,
BUT - during the wait for ALJ hearing I amended 2 years of self-employed taxes in order to receive SSA work credits.
(2010 amend was due to not entering a 1099 misc as self employment income, honest mistake as it was the first time i'd ever filed as self-employed.
2011 amend all i did was remove deductions in order to pay more tax. The past 8 or 9 years were below poverty level. I hadn't worked a 'real' job since car accident 2007.
ALJ hearing was August 2015. Partially favorable decision but amended earnings had not yet been reported* to SSA by IRS, so 'not eligible for ssdi'.
*Part of that was because an IRS error necessitated a tax advocate getting involved.
I brought all tax paperwork to hearing, had faxed it to ODAR beforehand, and brought it to my local office afterwards as advised by judge.
I had called SSA 800 number numerous times to report change in the works, but found out by googling about SSA form 'Request to change earnings record'.
I kept checking w IRS and the My SSA page to see when earnings record would be corrected. Was told by an 800 # SSA rep that the record had been changed, and then changed BACK.
The local office has been non responsive though at last contact i was told of a clause in the POMS that would make my income change not be accepted, i will paste it in below.
so. question is; (if they do not accept amends)... if i file 2014 and 2015 taxes , those credits will bring the balance up to 20... so can i change from ssi to ssdi, and if so, how do i do that?
do i have to re-apply?
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12-24-2015, 10:50 AM #3
Mercy&Grace
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I Re: Amending a Tax Return After Qualifying for SSDI to Receive SSA Credit
You can try and slowly earn the credits needed over the next few years. Your SSI will be reduced. Be sure that you aren't ineligible for SSI for more than 12 months. If you are, you will have to start the disabiity process all over again. See page 17 at the link below for how earned income is calculated when you're working and receiving SSI.
You must have 20 credits in a ten year period. So be sure that none of the other credits will expire while you're trying to earn the remaining amount. You can only earn 4 credits a year. In 2016, you must earn $1,260 each quarter to earn 1 credit. See link below.
If your SSDI is less than $753 a month, you may still qualify for SSI to make up the difference so you receive a total of $753 a month. $753 is for 2015 & 2016 only. The main thing is that you will be eligible for Medicare.
(* and that is WITHOUT the 2010/2011 amendments being applied;
the local ssa office says they are 'still working on it' *)
i've been receiving 581.55 monthly from ssi since november 2015, 6 months now, and they figured my amount by taking my 2013 income (which was 4 thousand and something) dividing by 12 and using that to figure the reduction from the max ssi payment. They have different rules for self employed, i was told that a yearly review of the previous year's taxes is what will determine benefit amount. This will be a moot point when i can change to SSDI.
i contacted a local disability advocacy center who will be getting with me on how to request that ssi be changed to ssdi, but i have a question about medicare coverage... if it changes over NOW, does that mean it will be 2 years from now before i get medicare?
.....or is the eligibility 2 years from the alj determination of onset date (he chose June 2013 as medically disabled date)
i need to have both hips replaced and the surgeon does not accept medicaid, but he does accept medicare. i've already been on crutches a year and a half.
also, regarding the 2011 amendment; it wasn't really deducting 'necessary' expenses, because i didn't claim any of them the year before... in 2011 i was used online turbotax and just followed the prompts, not knowing that i did not HAVE to take deductions for using my home as a business, et al...later i was advised that it was legitimate to want to pay proper self employment tax. since i did both the amendments within the 3 year time limit i don't understand why they wouldn't change the earnings record.
(i was lucky enough to have art skills which kept me afloat (along with odd jobs/giving plasma/selling possessions) as i was trying to get employment again, though neither were ever something that i was successful at during the years after the car accident in 2007... as deteriorating health issues just made it about impossible to get a full time or even part time job... inflammatory arthritis, systemic lupus, avascular necrosis, carpal tunnel syndrome... all steadily worsening. and bipolar. eh. not my intended goal for this period of life - but - no real choice in the matter) i still ended up having to declare bankruptcy.
Disability Benefits: Transitioning from SSI to SSDI and Qualifying for Medicare
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