From Forbes:
Mrs. Jimmy Rogers of Houston, Texas, was disabled in 1996 in an aircraft accident while working for American Airlines. To this day she is unable to sit, stand, or walk for more than thirty minutes without extreme pain. After the accident, she applied for and received Social Security disability benefits. Four years later, she was able to work a few hours per day in her husband’s business doing some administrative tasks, always earning less than the substantial earnings amount that would disqualify her for receipt of those benefits.
Starting in 2007 and for four of the following five years, Jimmy received [A1] shareholder distributions from her ownership of stock in her husband’s company. As Social Security Administrative Law Judge Timothy Suing recently confirmed, these payments were not labor income, but simply income from assets – no different than income Jimmy might have received had she owned government bonds.
But in 2007, Social Security mis-instructed Jimmy, who understood very little of the distinction between asset income and labor income, to revise her tax return and report these shareholder distributions as taxable labor earnings. Jimmy did as she was ordered, but, on the advice of her husband, filed an appeal.
Compliance with Social Security’s incorrect order triggered an unbelievable bureaucratic nightmare that is surely causing Franz Kafka to writhe in his grave.
Over the past 13 years, Jimmy and her husband, Larry, have, thanks to Social Security’s acknowledged mistake, been deprived of tens of thousands of dollars in Social Security disability and spousal benefits. Jimmy has been forced to pay extra Social Security payroll taxes she didn’t owe. Jimmy has been forced to pay extra federal income taxes she didn’t owe. Jimmy and Larry’s company has been forced to pay extra FICA taxes they didn’t owe[LR2] . Jimmy retroactively lost her Medicare healthcare coverage and is now being told to pay for years of healthcare treatment coverage. But the icing on the cake is that Social Security has been and is still, to this day, sending Jimmy and her husband a bill for over $120,000 for disability and spousal benefits that they rightfully received (before their benefits were incorrectly terminated), but were falsely told that shouldn’t have received, even though Social Security’s own Administrative Law Judge says the benefits were properly paid (although slightly higher than what they should have been due to the downward adjustment in Jimmy’s income after the shareholder distributions were no longer included in her earnings record). ...
4 comments:
So they had a business in which neither one reported significant earnings....hence his eligibility for spousal benefits....yet it was enough to generate dividends that were well above SGA.
Indiana Jones could not figure out most of these cases. The codes are indecipherable or written in heiroglyphics. Asking for clarification by a tech expert at a hearing is money very well spent. Hat's off to the ALJ on this one. Justice was served - I think! Good point by anon above though. Clever accounting?
Some things have to be turned over to a professional. Once you get past standard deductions from wages, it's time to go to an expert. Either a person has to read this stuff all the time or have an advanced degree (and still read this stuff all the time.) I hope they get it straight and get their money.
Sometimes a problem though not here, tax folks think they're helping you when they zero out your self-employment income. It keeps you from owing taxes for that year, but you're not paying into the social security system.
Why is this tagged with Binder & Binder? There's no mention of them in the article or your post?
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