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Early IRA withdrawal due to disability

Wife took an early distribution on her IRA due to her being disabled.  Applied for disability over a year ago, was declined, and are now appealing.  Her Doctors say she is disabled.  May we claim the disability exemption without a determination letter from SSDI?  Would a statement from her Doctors suffice?  Or are we stuck with the penalty.

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Accepted Solutions

Early IRA withdrawal due to disability

The doctor's statement is the only documentation you need in this case and not the letter from SSDI to take the exemption from the IRS 10% penalty for early withdraw. As you know the amount you received from the distribution is still subject to ordinary income rules. The doctor's statement needs to be concise in it's wording. I would suggest, "that the physical or mental impairment is continuous and of long and indefinite duration". I hope that this helps you and I'm sorry for the disability illness in your family.

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4 Replies

Early IRA withdrawal due to disability

The doctor's statement is the only documentation you need in this case and not the letter from SSDI to take the exemption from the IRS 10% penalty for early withdraw. As you know the amount you received from the distribution is still subject to ordinary income rules. The doctor's statement needs to be concise in it's wording. I would suggest, "that the physical or mental impairment is continuous and of long and indefinite duration". I hope that this helps you and I'm sorry for the disability illness in your family.

Early IRA withdrawal due to disability

I am not a tax professional.

I refer you to IRS Publication 590-B https://www.irs.gov/pub/irs-pdf/p590b.pdf  especially page 21, which describes the codes on your 1099-R, and page 24 which discusses exceptions to the 10% early withdrawal penalty, and page 25 which discusses disability.

Also https://www.irahelp.com/slottreport/5-things-know-about-disability-exception-10-early-ira-distributi... contains a good discussion about the definition of disability (very strict) and how to file and claim the disability exception even if your 1099-R does not report that exception.

Detrease
New Member

Early IRA withdrawal due to disability

is th social security disability verification letter sufficient?

AmyC
Employee Tax Expert

Early IRA withdrawal due to disability

Yes, a letter from Social Security would be sufficient evidence for the IRS to allow the disability claim. 

 

@Detrease

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