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awillox
New Member

Can I claim my Autistic son (22) even though he has a W-2 for 4500 in income? I pay for more than 1/2 his support and he does not go to school.

You to clarify ... Our son is 22, has high functioning Autism and works part time.  But we provide 90% of his support.

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4 Replies

Can I claim my Autistic son (22) even though he has a W-2 for 4500 in income? I pay for more than 1/2 his support and he does not go to school.

You can claim your child if he is permanently and totally disabled regardless of age or income if you provide more than half of his support.  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.
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awillox
New Member

Can I claim my Autistic son (22) even though he has a W-2 for 4500 in income? I pay for more than 1/2 his support and he does not go to school.

Our son is permanently disabled, there is not cure for Autism.  But the requirement "substantial gainful activity" is vague.  What is considered "substantial gainful activity" for one individual may different for another.  Who determines what is considered "substantial gainful activity"?

Can I claim my Autistic son (22) even though he has a W-2 for 4500 in income? I pay for more than 1/2 his support and he does not go to school.

Sorry if my answer was vague and technical.  The substantial gainful activity is more of a social security administration term.  It generally looks to see if a person is able to earn money on a consistent basis even with the disability.  
A person who is earning more than a certain monthly amount (net of impairment-related work expenses) is ordinarily considered to be engaging in SGA.
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awillox
New Member

Can I claim my Autistic son (22) even though he has a W-2 for 4500 in income? I pay for more than 1/2 his support and he does not go to school.

It's not that your answer is vague, I appreciate your input.  It's difficult to determine where the line is.  Our son is receiving SSI due to his disability, so that would make me think that Social Security considers him disable.  Thanks again.
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