Legal Question in Tax Law in Florida

Long Term Disablity Insurance-Should I settle?

I am currently receiving SS benefits as a disabled person. I also get a check from an LTD company. I discussed settling with the LTD company but need to know if the settlement amount will affect my SS benefits and whether the settlement amount is taxable.

Please advise,

Thanks,

H.J.


Asked on 9/12/05, 3:11 pm

1 Answer from Attorneys

Kreig Mitchell Law Office of Kreig Mitchell LLC

Re: Long Term Disablity Insurance-Should I settle?

You will have to speak to an attorney about whether you should settle your claim and whether it will impact your social security benefits. Perhaps you could pose those questions to the non-tax attorneys on this BBS (is there a section to submit questions to Social Security attorneys?).

As for the tax question, you very well may be able to structure the settlement so that it is not taxable; however, this will depend on the facts surrounding the settlement. You should discuss this with your attorney as well as the tax laws for disability payments recently changed.

You might look at this generic description of the tax treatment of settlement agreements: http://www.irstaxtrouble.com/2005/08/tax-treatment-of-settlement-agreements.html.

Nothing in this post is intended to be legal or tax advise, so it is imperative that you speak to an attorney.

Hope that helps. Good luck.

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Answered on 9/12/05, 3:38 pm


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