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2dales
New Member

I'm trying to get my disability and have been trying for several years. Can I claim a disability status if I have not officially become disabled?

 
3 Replies
bills01581
New Member

I'm trying to get my disability and have been trying for several years. Can I claim a disability status if I have not officially become disabled?

This answer applies to penalty-free early IRA withdrawals: Yes, you can claim disability status to do that if you are disabled. I was in the same situation. I looked up the IRS's definition of disabled, and met the definition. I then put that language in a letter to have my doctor sign, as proof, just in case i get audited. I then was free to withdraw from my IRA penalty free (i am 45 yrs old). While doing the withdrawal process, I made sure to have the brokerage firm put code '3' in Box 7 of the 1099-R. That prevents any obvious red flags when you file your return. 

bwa
Alumni
Alumni

I'm trying to get my disability and have been trying for several years. Can I claim a disability status if I have not officially become disabled?

There is no specific "disability status" for federal taxes, with the possible exception of the credit for the elderly and disabled.  For that to apply, you need to have met the following:


  1. You were under age 65 at the end of 2016 and all three of the following statements are true.

    1. You retired on permanent and total disability (explained later).

    2. You received taxable disability income for 2016.

    3. On January 1, 2016, you had not reached mandatory retirement age (defined later under Disability income ...).

Do you meet that criteria, or are you asking about some other provision?
2dales
New Member

I'm trying to get my disability and have been trying for several years. Can I claim a disability status if I have not officially become disabled?

I'm inquiring for State Return GA

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