Q: Does Sec. 210. [42 U.S.C. 410] provide exception for income received for caring for an adult disabled son?
I just turned 62 and want to draw my Social Security benefits. My wife, who is 67 and has to draw on my record, and I, both get paid by Wisconsin to care for our severely disabled adult son who is 37 years old. The SSA had told me in the past this income is exempt from penalty, but when I tried to apply for benefits, the SSA said it would be counted as income and penalties would apply. The income is paid through Wisconsin Medicaid Community Waivers. Our disabled son is legally considered our employer through this program.
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A:
Section 210 of the Social Security Act (42 U.S.C. 410) outlines what is considered "employment" for Social Security purposes. Generally, income earned from providing care, even if paid through Medicaid waivers like Wisconsin’s program, is considered self-employment income. Therefore, it can impact your Social Security benefits, especially if you're below your full retirement age and earning above the allowed limit.
When the Social Security Administration (SSA) assesses your earnings, they may consider payments you receive for caring for your disabled son as countable income, which could result in a reduction of benefits due to the earnings limit rules. However, there can be specific exemptions or exclusions, such as if the payments are considered difficulty-of-care payments under certain IRS rules, but this is highly dependent on individual circumstances and how the income is reported.
It would be best to review the details with a knowledgeable representative at the SSA or seek further clarification from a legal advisor familiar with Social Security and Medicaid regulations. They can provide personalized advice based on the exact nature of your payments and the rules that apply in your case. Understanding these distinctions can help ensure you are prepared for any potential impact on your benefits.
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