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-   -   Awarded Fully Favorable Decision (https://www.neurotalk.org/social-security-disability/124727-awarded-favorable-decision.html)

COLBEYMOORE 06-13-2010 03:13 PM

Awarded Fully Favorable Decision
 
Received letter dated 5/20/10 of fully favorable as of 8/4/08. Benefit start date 2/09. I have not received a total benefit amount letter. I have been calling ss office no news they say is in computer.

Last SSA wage letter stated if disabled now would receive 1294 per month. I have 4 children.

Any idea on calculations? When to expect back pay?
And taxes to be paid if this is my only income to be received for 2010?

Thanks

SSDIHelp 06-13-2010 04:22 PM

Taxes
 
Quote:

Originally Posted by COLBEYMOORE (Post 664318)
Received letter dated 5/20/10 of fully favorable as of 8/4/08. Benefit start date 2/09. I have not received a total benefit amount letter. I have been calling ss office no news they say is in computer.

Last SSA wage letter stated if disabled now would receive 1294 per month. I have 4 children.

Any idea on calculations? When to expect back pay?
And taxes to be paid if this is my only income to be received for 2010?

Thanks

You do have to report disability payments to the IRS and pay taxes IF after deductions you still have an income high enough that requires income taxes. I file every year even though I don't have to pay taxes. My husband runs his own business and I have a separate checking account and file taxes seperately so that my monies from SSDI can never be attached. (Example if he lost a law suit they couldn't get to SSDi monies).

My backpay arrived before I was notified that I hade been approved. Although I've heard stories of people waiting awhile for the check to arrive.
Trudi

SSDIHelp 06-13-2010 04:26 PM

Quote:

Originally Posted by COLBEYMOORE (Post 664318)
Received letter dated 5/20/10 of fully favorable as of 8/4/08. Benefit start date 2/09. I have not received a total benefit amount letter. I have been calling ss office no news they say is in computer.

Last SSA wage letter stated if disabled now would receive 1294 per month. I have 4 children.

Any idea on calculations? When to expect back pay?
And taxes to be paid if this is my only income to be received for 2010?

Thanks

From SSA webwite http://www.ssa.gov/pubs/10024.html#yourfamily
"How much can family members get?
Each family member may be eligible for a monthly benefit that is up to half of your retirement or disability benefit amount. However, there is a limit to the total amount of money that can be paid to you and your family. The limit varies, but is generally equal to about 150 to 180 percent of your retirement or disability benefit."
Trudi

echoes long ago 06-13-2010 04:44 PM

if that is your only income you wont owe any federal taxes. spread the backpay to the years they were paid for when you do your taxes for the lump sum backpay.

COLBEYMOORE 06-13-2010 06:49 PM

Okay so will that mean each eligable member ie.,
husband and each of my children will get a check separately or will it all be included in one check to me?

Thanks

echoes long ago 06-13-2010 07:46 PM

they get a check seperately

COLBEYMOORE 06-14-2010 02:40 PM

okay so even if I set up for direct deposit..
each minor child will get separate checks in their own name and husband will get separate check in his name then my monthly benefit will be direct deposit.
I didnt know my husband will get his own check as well as my children

So back pay will be sent via check for dependent children and husband?

thanks

COLBEYMOORE 06-14-2010 07:43 PM

Okay went to mail box and there was big check..I am assuming back from 2/09. Called SSA office on Friday and they said no change or notes (go figure lol) anyways...is backpay for kids in separate check and if married husband get check as well?

echoes long ago 06-14-2010 09:16 PM

i had electronic deposit and each child had their own account so i cant answer that.

COLBEYMOORE 06-14-2010 11:07 PM

I had mine sent up for direct deposit too..dont know what happened..I just thought that maybe back pay was sent via check..hmm..guess I will be calling them in the morning..

Hoosier_Daddy 06-15-2010 09:26 PM

How much does your husband get? When I won my wife never received anything. We got backpay for each of our 3 kids direct deposited. I didn't realize spouses received benefits.

COLBEYMOORE 06-16-2010 01:44 PM

Beats me lol...the link (see below) someone posted from here listed husband as person able to receive as well. I have no clue..

When you start receiving Social Security retirement or disability benefits, other family members also may be eligible for payments. For example, benefits can be paid to your husband or wife:

•If he or she is age 62 or older; or
•At any age if he or she is caring for your child (the child must be younger than 16 or disabled and entitled to Social Security benefits on your record).

Janke 06-16-2010 07:39 PM

Quote:

Originally Posted by Hoosier_Daddy (Post 665142)
How much does your husband get? When I won my wife never received anything. We got backpay for each of our 3 kids direct deposited. I didn't realize spouses received benefits.

If your spouse is working and earning more than the exempt amount of earnings (2010 is $14,160) then her earnings above the exempt amount would be deducted 2 for 1 from her monthly benefit. May not have been a good idea for her to file a claim. Or all of your children were ages 16, 17 and 18 (unlikely but possible) and she could not be eligible at all.

Regardless, the family max is a pie that is divided among all the beneficiaries. The pie doesn't get bigger for more family members but each person's piece gets smaller. If there is only one person left on the record (youngest child) that child cannot get more than 1/2 of your (the disabled person) benefit. If your second youngest reaches age 18 and your youngest is still under 16 and your wife is not working (or earning under the exempt amount), then it may be financially advantageous for her to file a claim.

Spouses have to either be over 62 or any age and have your child-in-care under age 16 in order to be paid benefits.

COLBEYMOORE 06-16-2010 10:31 PM

little confused..here are my facts

My monthly benefit according to last ssa earnings statement$1,294 however wages for 2008 not listed on statement

children ages as of 8/24/08
18 yr old but was in high school at time of filing currently in college
11yr old
7 yr old
2 yr old
husband earnings yearly earnings are estimated at 23k

Letter of favorable decision as of 8/24/08 ..after waiting period benefits to start 2/09.

Received check on 6/14/09 $23k..I am assuming if divide by 16months (2/09 thru 6/10) average of $1444 a month for myself.

I have not received a break down of my benefits going forward and have called the local office three times this week and they just say "central processing is still calculating my benefits" they have record of my children and will call if they need anything.

Allsup has sent me forms to fill out to apply for benefits for my children however on my initial print out when I applied it listed all of my children and husband so I dont know if I should bring the forms to the SSA office again. The lady for SSA said I did not they will call if they need anything so I guess I just wait and hopefully not delay benefits for my children by not bringing them the forms Allsup gave me.

Metlife has been paying me LTD benefits since 2/09 and I expect my entire back pay including children's they will get.

thanks

Janke 06-17-2010 12:05 AM

Colbeymoore - listing the children on your application is not the same as filing an application for the children nor is it an application for being named representative payee. Generally, the parent with custody is named the payee and not all children live with both parents.

The 18 year old will need to apply for himself and prove the dates he was in high school before age 19.

COLBEYMOORE 06-22-2010 10:43 AM

okay I got my reward letter yesterday and nothing was mentioned about my kids so I guess I have to go down and apply for them I believe again. I already have a copy of a ssa form my oldest had to fill out when I was in high school and signed by the school. In any event I will apply will I be able to get back pay from 2/09 as well for them too?

finz 06-23-2010 12:56 AM

The kids will be eligible for backpay too.

As Janke said, you would be better off NOT applying for your husband as his portion would be taxed at his regular rate (or a higher rate if the SSDI income bumps him up) You are probably better off splitting the family benefit amoungst the kids.

COLBEYMOORE 06-23-2010 10:17 AM

okay called ssa office and they said they are working on children's so I guess I need to do nothing but wait. As far as the amount it is suppose to be half of mine which is now gone up to 1444 per month since I have three eligable children it be 700 divided by three ie., 1444 plus 700 or 1444 plus 2100
However the family max amount may be less correct?

finz 06-26-2010 09:31 PM

The standard is........If your amount is $1444, the kids will split $722 amoung them ($240.66 each)

In cases like mine, where I was also getting WC, my kids got less because my family total of SSDI 150% pay combined with WC made my total more than 80% of my pre injury income. If you find this paragraph too confusing, ignore it........If I remember correctly, yours is a straightforward case without other income.

The 'moral of the story' is......I just don't want you to think/expect/count on that the kids will get $722 each........they will only get $240.66 each

COLBEYMOORE 06-27-2010 03:01 AM

Well Finz I do get LTD benefits from my former employer until 2/3/10 then I am reviewed for "any occupation". Does this mean my benefits may be reduced?

finz 06-27-2010 09:16 PM

Your total amounts (your ssdi, kids ssdi, and LTD) can't be more than 80% of your pre disability salary or they will decrease your ssdi amounts until they are in line.

My 2 kids SHOULD have gotten $450 a month each from the estimates I rec'd, but because I was also getting WC (until last Dec), they only got $66 a month

embracegrace 08-08-2010 05:14 PM

bumping this up for an update...

for your 4 kids, did they each end up getting 50% of your benefit (12.5% each)?

what was your spouse's benefit figured out?

COLBEYMOORE 08-08-2010 07:19 PM

havent received any news regarding children benefit amount nor their back pay it has been in the "payment processsing center since 6/7/10. aaagh


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