If my child was diagnosed with a cyst on his brain and chromosome 16 deletion which has caused delays in potty training, speech, and motor skills does this qualify?

[atreusathos]

My child was diagnosed with a cyst on his brain and chromosome 16 deletion. His symptoms mimic Autism but tested negative twice for Autism. He is 4 years old but can only say 5 words (not correctly but close enough you can figure out what he's saying) He is not potty trained and shows no sign of understanding when he needs to go. He currently receives care from speech therapy, occupational therapy, physical therapy, neurology, GI, and has been apart of different Development Institutions trying to help him as we have traveled with the military. Does this qualify him as developmentally disabled?

[TomD8]

See this for the IRS definition of disability:

https://apps.irs.gov/app/IPAR/resources/help/disabl.html

[ReneeM7122]

It depends.  

To help you determine whether your child is considered developmentally disabled for the purpose of claiming the Earned Income Tax Credit (EITC), there are two important things to do:

Prove a Permanent and Total Disability

You must prove that your child has a permanent or total disability.

To prove your child's disability, get a letter from their doctor, healthcare provider or any social service program or agency that can verify their disability.

Determine if you Meet the Requirements

The IRS has an EITC Assistant Tool that will help you determine if you meet the requirements to qualify for the Earned Income Tax Credit.  

To qualify for the EITC, you must:

• Show proof of earned income.
• Have investment income below $3,650 in the tax year you claim the credit.
• Have a valid Social Security number.
• Claim a certain filing status.
• Be a U.S. citizen or a resident alien all year.

Your child is 5 years old now, but the qualifying child you claim for the EITC can be any age if they:

• Have a permanent and total disability and
• Have a valid Social Security number

Here is a link for more information about disability and the Earned Income Tax Credit.

Keep in Mind:

Military and clergy should review  Special EITC Rules because using this credit may affect other government benefits.  Come back and ask us more questions if you need more help with the military concerns.