can you deduct fees for social security disability attorney fees

I hired a attorney to fight my social security disability claim. Can I deduct what was taken out of my SDID payment?

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You may deduct legal fees on your tax return for collecting disputed Social Security only to the extent that your benefits are taxable on your tax return (i.e., if 50% of your social security is taxable, 50% of the legal fees would be deductible.)  That likely would result in no deduction if your payment of legal fees was for social security disability payments.

If deductible, the expenses are a miscellaneous itemized deduction.  Miscellaneous itemized deductions are only available if you qualify to itemize and only to the extent that they exceed 2% of your Adjusted Gross Income.  

Example:  If your AGI is $50,000, only miscellaneous deductions over $1,000 are deductible.  Because of this, many items deductible as miscellaneous itemized deductions have no tax value because the taxpayer doesn't itemize, or because they are lost in the 2% of adjusted gross income limitation.
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