delugrnc
Returning Member

Can I claim?

We have an adult son who is divorced with 2 children under age 18. He has not worked for all of 2019 due to medical reasons, yet has been denied SS disability. We have been his sole support the entire year - housing, utilities, groceries, car expenses, insurance, clothing, etc. since he has no income at all. His ex is not working. Medicaid has paid for medical needs and he gets a very small food stamp allowance. 

 

My questions are whether or not we can claim them as dependents? They live in a different state, so not with us. Since he has no income, does he need to file a 2019 tax return? If so, can he get the earned income credit since he basically has no income? IF he is ever approved for disability income, how does that figure into his tax status? We are trying to arrange for a legal team to appeal his disability denials.

 

We are both retired. Pensions and IRA distributions have taxes withheld. Social Security does not.