Any Help!!!

[frogtog]

Do we have a disability attorney in the house?

Need to know about Disability and Owning a Business.

After wife retires I will not have any Insurance and no one will take me own. I will have to apply for disability so I can get Medicare. I went to the Social Security Board and I guess I shouldn't have wore the suit, didn't get anywhere. just didn't fit their criteria I guess. ;D I'm in trouble. :

[SirSnookalot]

Social Security is tough, you have to keep going back and back to get an approval for medicare, an attorney never hurts in this situation, I don't the suit had anything to do with it.

My wife was denied after her stroke, we just dropped the issue, but a couple we are close with both disabled were successful after about a year of trying.

Unfortunately even if the healthcare bill passes today it doesn't go into effect until 2014 as I understand it. My wife is ones those already denied of a pre existing condition.

[Root beer]

Do we have a disability attorney in the house?

Need to know about Disability and Owning a Business.

After wife retires I will not have any Insurance and no one will take me own. I will have to apply for disability so I can get Medicare. I went to the Social Security Board and I guess I shouldn't have wore the suit, didn't get anywhere. just didn't fit their criteria I guess. ;D I'm in trouble. :

If you're applying for disability and owning a business at the same time, you will be shot down every time. You can't be on disability while earning income. There is a clause where you can earn income and be on disability, but that only to get people off disability and back into labor force. I think the number is $750, if you make more than that in certain period, you pretty much lose disability.

I don't know anything about your personal history or job history, but it really hard get disability even with credential from doctor(s). Try social security again if you meet age requirement and have paid into it.

[Lund Explorer]

Save yourself a lot of heartache and grief by taking the time to get some professional advice. 

Your accountant may have gone through this before with another client and could give you some ideas.  And most likely, the best source is going to be an attorney who deals with these types of issues.

There are so many items that come up in one of these, and will include; what type of business entity you have, the nature of your disability(curable or not), your age, and the ability to be retrained for a new type of work, are just a few of the questions I've seen in these types of cases.

Even after meeting all of the criteria required, you will still most likely be looking at 12-18 months before you see any benefits, and I believe it's another 6 months before Medicare is going to kick in.

Good Luck!

[Root beer]

There are so many items that come up in one of these, and will include; what type of business entity you have, the nature of your disability(curable or not), your age, and the ability to be retrained for a new type of work, are just a few of the questions I've seen in these types of cases.

If one owns a for-profit entity, could he/she still be eligible for disability? If so, that be total B.S. IMO. A non-profit entity I can see how one can still collect disability since all the money suppose to stay in the business.

[Lund Explorer]

There are so many items that come up in one of these, and will include; what type of business entity you have, the nature of your disability(curable or not), your age, and the ability to be retrained for a new type of work, are just a few of the questions I've seen in these types of cases.

If one owns a for-profit entity, could he/she still be eligible for disability? If so, that be total B.S. IMO. A non-profit entity I can see how one can still collect disability since all the money suppose to stay in the business.

The only income that qualifies for social security disability is "earned income". This is usually wages reported on a W-2, but can also apply to business income reported on Schedule C on the 1040 or income reported on a K-1 from a partnership or an LLC reporting on a partnership tax return.

Most other business income such as from a S-Corp, C-Corp or and LLC reporting on an 1120 return is considered passive in nature and does not limit a person from qualifying for disability claim.

I currently have a shareholder in an S-Corp that suffered a stroke at the age of 59. After 14 months, he started to draw SSI disability. He is not able to be active in the business so he no longer receives a W-2 wage but does get a K-1.

The key is passive -vs- earned income.

[SirSnookalot]

I stand corrected, if the bill is signed into law the ban on pre existing conditions goes into effect immediately along with insurance companies not being able to cancel after claims have been been filed.  Regardless of who is president in 2014 it will take an act of congress to repeal the bill.

[roadwarrior]

NO POLITICS

-Kent  a.k.a. roadwarrior

Global Moderator

[SPEEDBEAD.]

Frogtog, as far as SSD goes...

Unless you qualify for Medicare due to age (65 or 67), then you must be considered disabled by Social Security standards for 2 years before you are eligible.

As for the earned income, you may work but the limit is quite small as others have stated.

[frogtog]

Thanks for the help. What I have is a small landscaping

and lawn maintenance business. I built this business  from the ground up in the past 30 years with a lot of hard work. I now see along the way I made some serious mistakes that I can't go back and undo. I never worried about Ins. because my wife always took care of it. I hate to just let the business go down hill, but with the economy like it is it would be almost impossible to sell it. There is no way it can survive without me. ( just my opinion ) There is two things that's going to happen to me in the future, I'm either going to have a double lung transplant or death. Never thought I would end up like this. I have talked to several attorneys and none had any answers. One even told me to put everything in my wife's name and file for divorce and apply for DSS. I think there is help out there and I just haven't found yet. With 25000 members on BR someone will come up with something I'm sure. Lets try to keep politics out cause I need all the advice I can get. When things get tough the tough go fishing.

[SPEEDBEAD.]

Frogtog, as far as SSD goes...

Unless you qualify for Medicare due to age (65 or 67), then you must be considered disabled by Social Security standards for 2 years before you are eligible.

As for the earned income, you may work but the limit is quite small as others have stated.

I would also like to add that "2 years by SSA's standards" is from the date of approval for your application.

Example:  You apply today, 3/22/10.  Initially, your application is denied (happens with a vast majority of cases) and you start the appeal process.  On 3/22/11, your case is finally approved and you are determined disabled from your original application date.

You still must wait for another year until you are eligible for Medicare (unless you qualify by age).  The one positive thing is that you may qualify for state Medicaid benefits due to your disability (state will recognize Social Security's determination).

If you make too much money for the state income limits, there is still the possibility that you could qualify for some benefits. If you accrue enough hospital bills, the state agency should have the ability to use your unpaid medical bills to get you under the income limits.  This is known as a medical spend-down.  You will likely be responsible for a portion of the bills, but the state will pick up the remainder of the unpaid hospital/doctor bills after your portion is paid.

A lot of times, the hospital also has the ability to "write off" your portion as a charitable donation, leaving you paying nothing and the state picking up the remainder.

This goes for Pennsylvania, but most states have similar plans in place.  I would call your local office to check, but my recommendations would be this:

1. Apply for Social Security Disability and follow up with any appeals that may need filed.

2. Apply for state Medicaid benefits.

3. Do not put off surgery due to lack of medical insurance.

I will try to be of assistance if you need any help.  Like I said, I can only tell you what happens here.  This may or may not hold true for your state.

Good luck man.  Hope all works out for you.

Wayne