QUESTION

I am on disability and have been for over 30 years. My wife has a business.

Asked on Feb 20th, 2012 on Social Security Disability - Arizona
More details to this question:
I was going to the business and picking up checks for her, well they made the checks out to me and I didnt think anything of it, now they have sent me a 1099-misc. It is her income not mine. how do I get out of this one?
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1 ANSWER
Answered on Feb 23rd, 2012 at 11:46 PM
You are asking how to get out of something and I don't know what you are "in to." If an argument can be made, by SSA, that you are working in your wife's business, this is something that requires prompt attention.  I would suggest contacting a C.P.A. concerning procedures to request that the 1099 be re-issued, or how the income can or should be reported on a tax return, preferably under your wife's business. Because a 1099 was issued does not mean that you worked.  However, you are smart to ask now, and I would recommend contacting a local attorney in the Social Security Disability area and have them help you report, as soon as possible, what happened.  You have a duty to report to SSA if you work, and far better for you to have something in writing explaining the "appearance" that you worked than being in a position to explain what happened when SSA asks.

No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ

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