My 28 year old daughter that has mental and physical issues that have made her unable to work. She lives with us. Would I be able to claim her as a dependent if we have not gotten her offical disablility letter?
She could possibly be a Qualifying Relative.
You can claim a child, relative, friend, fiancé (etc.) as a dependent on your 2019 taxes as long as they meet all of the following requirements :
- You provided more than half of their financial support. More info
- They made less than $4,200 in gross income during 2019 unless they are a qualifying child.
- They live with you or they are related to you. (Your relative must live at your residence all year or be on the list of “relatives who do not live with you” in Publication 501.)
- They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
- They aren't (or won't be) claimed as a dependent by someone else.
- They aren’t filing a joint return with their spouse.
- You are not being claimed as a dependent on someone else's return.
**Mark the post that answers your question by clicking on "Mark as Best Answer"
....if we have not gotten her offical disablility letter?
The IRS definition of disability is very different than the Social Security definition and the IRS requires certification from her physician.
The IRS defines disabled this way:
Permanent and total disability.
You have a permanent and total disability if you can't engage in any substantial gainful activity because of your physical or mental condition. A qualified physician must certify that the condition has lasted or can be expected to last continuously for 12 months or more, or that the condition can be expected to result in death.
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.
Claiming disabled has no tax benefit unless child care was necessary so that you could work that normally cuts off after age 12, but is allowed if the care is necessary for an older disabled child.
It also allows claiming a Qualified Child as a dependent beyond the age of 18 and would do nothing for a younger child.