I withdrew my 401k money because of permanent disability and waiting for an answer from Social Security, if this counts here can I say all of it was used because of disab

[MichaelL1 · Accepted solution]

Social Security can take a very long time for it to get resolved.

Do you have a statement from a doctor that you are disabled?

Here is what I found in my research of this:

You Get Out Of The Penalty By Completing Form 5329
And how do you tell IRS the 10% penalty doesn’t apply to you because you are disabled? Simple, you file IRS Form 5329 with your tax return. Along with properly completing the form, you should submit at least one signed letter from a licensed physician attesting to the severity of your disability. That will generally satisfy any questions IRS might otherwise have. Remember, just as your custodian is not really equipped to say how disabled you are, neither is IRS. So if you can proactively provide appropriate evidence from a doctor, it’s usually enough to satisfy IRS that you are, in fact, disabled enough to claim the exception.

Source:  https://www.irahelp.com/slottreport/5-things-know-about-disability-exception-10-early-ira-distributi...

So one option is to pay the tax and 10% penalty now.  Another would be if you have some evidence now to file the return and claim the exception to the penalty.

Here is an extension just in case it is needed;

https://ttlc.intuit.com/replies/3301811