Are my disability attorney fees deductible?

[wogeorge]

I received an SSA-1099 for the lump sum back pay. It shows my attorney fees as a deduction in Box 3 but does not deduct it from the net benefit in box 5. Is there another area to add this expense?

[JamesG1]

You may deduct the attorney's fees included as part of your Social Security Disability Income.  The Social Security SSA-1099 may display the attorney's fees but not deduct the amount from the net benefit in box 5.

Enter the adjustment in TurboTax Online as follows:

• Down the left side of the screen, click Federal.
• Down the left side of the screen, click Wages & Income.
• Click Show more to the right of Less Common Income.
• To the right of Miscellaneous Income, 1099-A, 1099-C, click the Start / Revisit button.
• To the right of Other reportable income, click the Start / Revisit button.
• At the screen Other Taxable Income, enter a description “Attorney's fees” and the attorney's fees as a negative amount. 

The entry will be reported:

• on line 8z of Schedule 1 of the Federal 1040 tax return, and 
• on line 8 of the Federal 1040 tax return.

See also here.

[Ern123]

what about VA disability attorney fees for back pay.

[RobertB4444]

Because your VA disability benefits are not taxable the expenses to receive them are not deductible.

@Ern123