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June 2013 Archives

Will I have to pay federal income taxes on my Social Security disability benefits or SSI payments?

First and foremost, you will not have to pay federal income taxes on your SSI payments. However, some people will have to pay federal income taxes on their Social Security disability benefits if they have other substantial income in addition to that from Social Security. Simply stated, if your combined income (which includes ½ of your Social Security benefits) is below $25,000 for an individual or below $32,000 for a married couple, you will not have to pay federal income taxes on your Social Security benefits.

How will the Supreme Court's DOMA decision affect Social Security?

The Supreme Court's decision to rule a key section of the Defense of Marriage Act (DOMA) unconstitutional will expand Social Security benefits to same-sex couples residing in the 13 states and the District of Columbia where same-sex marriage is now legal. Social Security retirement spousal benefits, disability spousal benefits, surviving spouse benefits, lump-sum death benefits, child's benefits and SSI payments will all be affected. Still unclear and yet to be decided is whether the expansion of those benefits will go to same-sex couples who are legally married, but now live in a state that does not recognize same-sex marriages. The Social Security Administration, in consultation with the Justice Department, will now have to implement procedures and otherwise incorporate same-sex couples into the spousal-based system. That process will take several months.

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We serve clients throughout the United States. We charge no fees in disability cases unless we recover benefits for you. To schedule your free consultation with a Social Security Disability lawyer, call 800-813-8783 or contact us by email.

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