Private disability insurance sent letter instead of W2 for third party sick pay - how to get credit for EIC?

[jskraft]

In years past, my LTD company has sent a proper W2 with the amount of my payments in Box J as non-taxable sick pay.  This entitled me to the EIC, because the plan was paid for in part by my employer.  This year, I was approved for SSD.  I now receive both the LTD and the SSD.  However, because the SSD payment was retroactive, I had to reimburse a large chunk to the LTD company per their contract.  This makes it look like I paid them back more than they paid me, but those payments go back to 2018, and do not represent only payments for this year.  Because of this, this year they sent only a letter in lieu of a W2.  Should I request a W2 so I remain eligible for the EIC on the basis of the third party sick pay?

[AmyC]

Yes since the pay back went back to 2018, if you repaid over $3,000, you would be entitled to a credit on your tax return - if you had any  tax liability. The company should have sent you a form for this year's income and a letter with the repaid amount.

See TurboTax article What is a Claim of Right Repayment.