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mark_cruz
New Member

Can my Son 24years that gets SSDI AND MEDICADE and is working and made $9484.00 for 2017 be claim by a parent?

If I claim him and can he file for his taxes as well?

1 Best answer

Accepted Solutions
DanielV01
Expert Alumni

Can my Son 24years that gets SSDI AND MEDICADE and is working and made $9484.00 for 2017 be claim by a parent?

Chances are you cannot claim him.  There is one possible exception.  When a child has reached 24 (as of December 31, 2017), he cannot be claimed as a dependent is if the child earned $4050 or less in income.  The one exception to this rule is if your son is considered totally and permanently disabled.  Please note the following excerpt from the following IRS links (click for more information):  Qualifying Child and Age,

Permanently and totally disabled.

Your child is permanently and totally disabled if both of the following apply.

  • He or she can’t engage in any substantial gainful activity because of a physical or mental condition.

  • A doctor determines the condition has lasted or can be expected to last continuously for at least a year or can lead to death.

If he has this designation (a doctor would be able to substantiate, for example, if he is on the Autism spectrum and cannot engage in substantial gainful activity), then you would be able to claim him as a qualifying child as long as he did not provide at least half of his own support (even if you did not provide that support).

Otherwise, he cannot qualify as your dependent because he earned too much money.  (If all of his income is Social Security, not wages, then he has zero reportable income and could still be claimed.  Your question sounds like he earned more than the $4050 maximum to be able to claim him).
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7 Replies
mark_cruz
New Member

Can my Son 24years that gets SSDI AND MEDICADE and is working and made $9484.00 for 2017 be claim by a parent?

What is considered "substantial gainful activity" He works at McDonalds  and he can not drive and buses are difficult for him to use. He is a high functioning Autistic and enjoys his job in walking distance.
DanielV01
Expert Alumni

Can my Son 24years that gets SSDI AND MEDICADE and is working and made $9484.00 for 2017 be claim by a parent?

This link has the IRS' definition of substantial gainful activity:  <a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p17#en_US_2017_publink1000174480">https://www.irs.gov/publications/... this link it states:  "Substantial gainful activity.
Substantial gainful activity is the performance of significant duties over a reasonable period of time while working for pay or profit, or in work generally done for pay or profit. Full-time work (or part-time work done at your employer's convenience) in a competitive work situation for at least the minimum wage conclusively shows that you are able to engage in substantial gainful activity."

That is the IRS' definition.  Your son's doctor may have a different opinion.  I can't make the call, because I'm neither a doctor nor the IRS, but you could ask your son's doctor his opinion based on this definition.  I would recommend this before attempting to claim him and have the claim questioned by the IRS and possibly audited.
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mark_cruz
New Member

Can my Son 24years that gets SSDI AND MEDICADE and is working and made $9484.00 for 2017 be claim by a parent?

So would a High functioning Artistic dependent be considered disabled?? limited to a low paying job. Is on SSDI AND MEDICADE?
DanielV01
Expert Alumni

Can my Son 24years that gets SSDI AND MEDICADE and is working and made $9484.00 for 2017 be claim by a parent?

As you see in the comment, at best it is not clear-cut.  Your child's doctor could best answer, and usually can provide supporting documentation based on his diagnosis.
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fanfare
Level 15

Can my Son 24years that gets SSDI AND MEDICADE and is working and made $9484.00 for 2017 be claim by a parent?

Since McDonalds pays minimum wage, that is considered substantial. by the IRS.
DanielV01
Expert Alumni

Can my Son 24years that gets SSDI AND MEDICADE and is working and made $9484.00 for 2017 be claim by a parent?

Chances are you cannot claim him.  There is one possible exception.  When a child has reached 24 (as of December 31, 2017), he cannot be claimed as a dependent is if the child earned $4050 or less in income.  The one exception to this rule is if your son is considered totally and permanently disabled.  Please note the following excerpt from the following IRS links (click for more information):  Qualifying Child and Age,

Permanently and totally disabled.

Your child is permanently and totally disabled if both of the following apply.

  • He or she can’t engage in any substantial gainful activity because of a physical or mental condition.

  • A doctor determines the condition has lasted or can be expected to last continuously for at least a year or can lead to death.

If he has this designation (a doctor would be able to substantiate, for example, if he is on the Autism spectrum and cannot engage in substantial gainful activity), then you would be able to claim him as a qualifying child as long as he did not provide at least half of his own support (even if you did not provide that support).

Otherwise, he cannot qualify as your dependent because he earned too much money.  (If all of his income is Social Security, not wages, then he has zero reportable income and could still be claimed.  Your question sounds like he earned more than the $4050 maximum to be able to claim him).
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
fanfare
Level 15

Can my Son 24years that gets SSDI AND MEDICADE and is working and made $9484.00 for 2017 be claim by a parent?

if he made $9484, it is hard to argue he "cannot engage in substantial gainful activity".
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