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The purpose of this site is to provide free SSDI and SSI information. This site should help those who are contemplating applying for Social Security Disability or Supplemental Security Income and those individuals who have already applied for Social Security Disability benefits, no matter what stage they are at in the Social Security Disability process. If you have any questions that are not answered by this site or want a free consultation, please feel free to e-mail me at karl@ultimatedisabilityguide.comvisit my law firm's website or call 877-527-5529.  I will try to answer any questions you might have about Social Security Disability (SSDI) or Supplemental Security Income (SSI). 

     My name is Karl Kazmierczak, Esq. I am a Board Certified Social Security Disability Specialist by the National Board of Social Security Disability Advocacy. Please click on the following link for more information on what it means to be a Board Certified Social Security Disability Specialist. I have handled thousands of cases in New Jersey, New York, and Pennsylvania. 

How to Use this site.  If you are new to the process of Social Security Disability, I recommend you start by reading the "disability process."  This page will give you an overview of how your claim is processed and what procedural steps you have to take.  To understand how SSA determines if you are disabled you should read the page, "am I disabled?".  After you read this page, you should follow the different links to get a better understanding of what it takes to prove your disability.  I also strongly suggest you read "how to win" and "key to SSDI and SSI".  There is a lot more information on this site, but this should give you a good starting point to help your claim.
     If you need tips on how to win your SSDI or SSI claim, continue to read this site and bookmark it so you can come back and use it as a reference while you take on the Social Security Disability process. Please note that it is my intention to provide accurate and up-to-date information on this site, as I put in great effort to do this. However, the information on this site is not guaranteed and no lawyer-client relationship exists.  This site is not a substitute for consultation with a lawyer.

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Social Security Disability Blog 

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Sunday, June 12, 2011

EITC and Social Security Disability Claims
If you are disabled and applying for Social Security Disability do not be lured into filing for an illegitimate EITC (earned income tax credit); it is a criminal act that could very well be caught by the IRS and will damage your SSDI claim as well.  This is explained below by Tracey Cahn, Esq. who is a member of my disability law firm of Kazmierczak & Kazmierczak, LLP.

The earned income tax credit, or EITC, offers a tax refund for low wage workers.  It is so generously written, a worker with no tax liability can get a refund.  However, if you are disabled, and have not actually earned income, STAY AWAY FROM IT.
Over the last 10 years that I have been practicing Social Security disability law, I have run into three brick walls caused by the EITC being used illegitimately.  All three of the claimants involved were extremely poor, and had been on welfare and like services for years.  Each of the three had a “friend/tax professional” prepare their taxes.  In each case, the “friend/tax professional” had advised the claimant to take advantage of the EITC; and each claimant signed a tax return reflecting income of $3,000 to $7,000.
I will explain what happened in one such case.  Because the ALJ had only just obtained a recent run of her earnings, I had no advance warning that her tax record reflected an additional $6,000 in self-employment income, after expenses.
The judge asked my claimant about her earnings in 2010.  She stated what I knew to be the truth; after her medical condition had kept her out of work for eight (8) months, she made an unsuccessful work attempt.  She began working in July 2010 and within two (2) months, she suffered a seizure and heart failure, and has not worked since.
The Judge acknowledged this but then went on to ask about her self-employment income.  She denied having any.  The Judge asked her about the $6,000 stated to be earned as self-employment.  She said that that was a mistake; she never earned that money.  The Judge said he had gotten this information from the IRS, and asked whether that income was reflected on her 2010 tax return.  She then stated that the tax return had been prepared by her “friend”, a new tax professional, and she had told her to sign the return because she would get money back.  The Judge was stuck, and the claimant and I were stuck.
My argument to the judge was going to be that the claimant’s summer 2010 work should be considered a failed work attempt, and she should be found disabled as of her alleged onset date in November of 2009.  Based on her medical records, and her actual work experience, this was a reasonable argument.  However, this “$6,000” is now throwing a monkey wrench into it.  The claimant’s credibility is tainted by this bad act.
As it is, I have spoken with the Judge at length.  He is a merciful fellow and I believe he will support a favorable finding, but instead of November of 2009, he may well only grant benefits as of the end of August 2010.  Thus, her hope of getting a $2,000 refund, likely has cost her 10 months of Social Security benefits.  She never did receive the “refund” and even if she had, the loss of 10 months of Social Security disability benefits is worth far more than the anticipated refund.  Before following advice from a “friend/tax professional” on getting an EITC consider the possibility of criminal charges for fraudulent statements to the IRS and the affect it will have on your credibility in a Social Security Disability claim.
7:13 pm edt 

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 We have attempted to provide up to date and accurate information, however the information in this site is not guaranteed.  No attorney client relationship exist.  The information in this site is not a substitute for consultation with a qualified attorney.
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