Federal definition of Disability

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cubcake

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Lost a loved one
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Hi Everyone.....long long story, but does anyone know if there is a certain Form that you have to file with the IRS that satisfies Section 72(m)(7) relating to the definition of disability? I need this for our attorney because my DHs ex-wife is trying to obtain all of his medical records and he feels that an acceptance by the IRS could circumvent this exchange of information that is NONE OF HER BUSINESS!

But I'm not bitter.

Any help would be appreciated. Have a great day!
 
I believe the medical records are protected by HIPAA and she wouldn't be able to get them without his authorization. If SS has determined he's disabled, then that should suffice. The section of the IRS code you cited deals with early withdrawal of annuities before age 59.5 so I would also suggest you visit with your CPA for assistance with the IRS. I would NOT trust the IRS helpline for a definitive answer.

hope this helps. I'm not a CPA but am thankful to have a very good one!
 
Ha hahahaha! I AM a CPA! But we specialize in Corporate Taxation, so this is out of my rhelm.

However, upon further investigation, all you need is the following statement, signed by a physician.



Physician’s Statement pursuant to IRS Code Section 72(m)(7)

I certify that _________(name)_________ was permanently and totally disabled on ___________(Date)_________, or was permanently and totally disabled on the date he or she retired. If retired after 1976, enter the date retired ___(Date)_______.

Physician: Sign your name and date on either A or B below.
A. The disability has lasted or can be expected to last continuously for at least a year.
________________________________________ _____________
B. There is no reasonable probability that the disabled condition will ever improve.
________________________________________ _____________


Physician Name:
Physician Address:


That's all there is to it!

Thanks for your response!
 
With regards to the Demand for Information within the court system, it's pretty much Damned if you do, Damned if you don't. We could refuse to furbish the records under the HIPPA rules, but then it's spectulated that you are hiding something, and you are treated accordingly. Shameful. So much for innocent until proven guilty.

She's just stalling with all of this, hoping that he won't make it through all of her schinanagans. Shameful, again.
 
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That's one sick puppy your having to deal with! Remember 1 thing: Karma!
 
As I am sure you know ALS is an automatic Disability catagory with the Social Security Folks....mine were very helpful and expedited the process. They have to speak directly to your physician that made the diagnosis, but a simple letter sent from him to you titled "to whom it may concern" given voluntarily to the attornies should suffice, no?

My doctor wrote this on his letterhead and I keep it for any situations that might arise....it simply states my diagnosis and is dated.
 
I can't think of any situation outside of a criminal or paternity proceeding where an exwife has a right to ANYTHING having to do with his medical condition--let alone his medical records.

The IRS and SSDI communicate, I'd think. My award letter from SSDI is enough to prove my disability to anyone in any legal matter at all.
 
Well, she's a doodle, this one. He's on disability and needed to have his alimony adjusted. She thinks he should pay her more, since her 'time is short' to receive his income and I'm working full time (like I have a choice!). Now, she's claiming that she thinks he's not being honest about being disabled. He's bulbar and looks great, and has no obvious physical limitations ( except for his inability to eat, process his own saliva or speak). I don't think the judge has any knowledge of anything having to do with ALS/FTD, either. Our attorney thinks it's all just a stall tactic to ensure she continues to get as much as she can for as long as she can. Be that as it may, we still have to comply with the demand.

It's all too much to deal with, on top of everything else.
 
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