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Ian Armstrong

Can I claim my adult disabled brother as a dependent even after he was denied disability benefits?

I'm in need of some tax advice here. About 14 months ago, my retired mom and my brother (who's 47) moved in with me after his landlord sold the building. My brother has severe chronic pain issues from a construction accident - he's had 9 surgeries on his spine, deals with nerve damage, and unfortunately struggled with pain medication dependence on and off. He hasn't been able to work in almost 13 years. He applied for Social Security Disability a few years back but got denied - the letter literally said he could work as a "cashew sorter" despite barely being able to sit for 20 minutes. Since the pandemic, he hasn't been able to find doctors taking new patients to restart his disability application process. I'm covering about 75% of our household expenses (mortgage, utilities, food, etc.), with mom contributing what she can from her modest pension. Reading through IRS publications, it seems like he qualifies as a disabled dependent since he lives with me year-round, I provide over half his support, and he has zero income. My concern is: If I get audited, what kind of proof would the IRS want to see that he's actually disabled? Would they accept medical records and doctor statements, or will they just point to the SSDI denial as evidence he isn't disabled? The IRS guidelines are frustratingly vague on this point!

Eli Butler

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The IRS and Social Security Administration use different standards for disability determination, so don't worry too much about that SSDI denial. For tax purposes, your brother needs to meet the IRS definition of "totally and permanently disabled," which means he can't engage in substantial gainful activity because of his physical or mental condition, and a doctor has determined this condition will last continuously for at least a year or result in death. For documentation, keep these ready in case of an audit: medical records showing his condition (especially those 9 surgeries and nerve damage diagnoses), a statement from his current doctor about his inability to work, prescription records, and a detailed accounting of how much support you provide. Also document that he lives with you full-time and has no income. Make sure he meets all other dependent tests too - his gross income must be less than $4,700 (for 2025), he must live with you all year, and you must provide more than half his support. Based on what you've described, it sounds like he qualifies.

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Ian Armstrong

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Thank you for the detailed response! The fact that IRS and SSA use different standards is really good to know. My brother definitely meets those other dependent tests - zero income, lived with me the entire year, and I'm providing well over half his support. Do you think I should get his doctor to write a specific letter stating his disability for tax purposes, or are the medical records alone sufficient? His pain management doctor has clearly documented that he can't work, but I'm wondering if I need something more official.

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Eli Butler

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Medical records that clearly document his condition and limitations are a good start, but having a current doctor's statement specifically addressing his inability to work would strengthen your position significantly. Ask his doctor to include language that aligns with the IRS definition - noting that his condition prevents substantial gainful activity and is expected to last continuously for at least a year. Keep a record of all expenses you cover for him as well - housing, food, medical expenses, clothing, etc. This helps prove you're providing over half his support. Also maintain documentation of his living arrangements, showing he resides with you full-time.

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After struggling with a similar situation with my disabled cousin, I found an amazing resource called taxr.ai (https://taxr.ai) that really helped me understand how to properly document adult dependents with disabilities. Their document analysis tool reviewed my cousin's medical records and gave me specific guidance on what additional documentation I needed for tax purposes. The service even helped me understand how to properly calculate the support test and what expenses count toward it. I was constantly worried about an audit before using them, but now I feel much more confident. The most helpful part was that they explained exactly how the IRS views disability differently than Social Security.

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Lydia Bailey

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How does this work exactly? Do you upload medical records to their site? I'm always nervous about sharing sensitive medical information online, especially with my son's disability documentation.

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Mateo Warren

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Seems interesting but do they actually have tax pros reviewing your stuff or is it just some AI thing? I've been burned before by "tax help" that was just generic advice I could've found on Google.

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You upload the documents through their secure portal - they use the same encryption standards as banks. They don't store your documents permanently, and everything is processed in compliance with privacy laws. I was hesitant too, but their privacy policy convinced me it was safe. Their system combines AI analysis with review by tax professionals who specialize in disability tax issues. It's not just generic advice - they point out specific things in your documents that support your case and identify any gaps you need to fill. They saved me from making a serious mistake on how I was calculating support for my cousin.

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Mateo Warren

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Wanted to follow up about taxr.ai since I was skeptical but decided to try it anyway. I'm actually impressed! I uploaded my son's medical records and disability documentation, and they provided specific guidance tailored to our situation. They identified that I was missing documentation of my financial support and suggested creating a simple spreadsheet tracking expenses. They also pointed out that my son's doctor notes didn't specifically address the "12-month duration" requirement the IRS looks for, which I never would have caught. The personalized report they generated would be incredibly helpful if I ever get audited. Not just generic advice but actually tied to our specific situation and documents. Definitely worth it for the peace of mind alone.

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Sofia Price

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If you've ever tried calling the IRS to get answers about dependent status, you know it's practically impossible to get through. After spending DAYS trying to reach someone about my disabled sister's dependent status, I finally used Claimyr (https://claimyr.com) and was connected to an actual IRS agent in under 30 minutes! You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent gave me specific guidance on what documentation I needed for my sister's disability status. Turns out I was overthinking it - they mainly want to see medical documentation confirming the disability and proof that I provided more than half her support. The agent even noted that prior SSA denials don't affect the IRS determination as long as you have proper medical documentation.

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Alice Coleman

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Owen Jenkins

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Owen Jenkins

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Alright, I need to eat my words about Claimyr. After posting my skeptical comment, I decided to try it because I was desperate to get clarification about my mother's dependent status after her stroke. The service actually called me back in about 45 minutes with an IRS agent on the line! The agent confirmed that medical documentation is the key - they care about the doctor's determination of disability, not what Social Security decided. She explained that I should maintain records showing: 1) my mother's medical condition prevents her from working, 2) the condition has lasted/will last at least 12 months, and 3) I provide over half her support. This was information I couldn't find clearly stated anywhere online, and it saved me hours of stress. I'm still shocked I got through to an actual human at the IRS during the busiest time of year.

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Lilah Brooks

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Don't forget to look into whether you qualify for the Credit for Other Dependents (ODC) when you claim your brother. It's worth up to $600 for 2025. Your brother won't qualify for the Child Tax Credit since he's over 17, but the ODC is specifically for dependents who don't qualify for the CTC. Also, depending on how much you're spending on his medical care, you might be able to claim those expenses as itemized deductions if they exceed 7.5% of your adjusted gross income. Keep all receipts for doctor visits, prescriptions, medical equipment, etc.

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Ian Armstrong

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Thanks for mentioning this! I had no idea about the Credit for Other Dependents. $600 would definitely help offset some of his expenses. For the medical expenses, I'm definitely over that 7.5% threshold this year. Between his pain management appointments, physical therapy, and medications that aren't fully covered by insurance, I've spent around $14,000 out of pocket. Do you know if I need to itemize to claim those, or can I still take the standard deduction?

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Lilah Brooks

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You have to itemize deductions to claim medical expenses, which means giving up the standard deduction. For 2025, the standard deduction is $13,850 for single filers and $27,700 for married filing jointly. You'd need enough total itemized deductions (medical expenses exceeding 7.5% of AGI, plus mortgage interest, state/local taxes up to $10,000, and charitable contributions) to exceed those amounts. With $14,000 in medical expenses, you'd first subtract 7.5% of your AGI. So if your AGI is $80,000, that's $6,000, meaning only $8,000 of your medical expenses would count toward itemizing. You'd need another $5,850 in deductions to make itemizing worthwhile as a single filer.

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I'm in a similar situation with my disabled sister (she has severe MS) and I've been claiming her for 3 years now. Even though she was also denied SSDI initially, I've never had any issues with the IRS. I keep a folder with her medical records, a letter from her neurologist stating she cannot work, and a spreadsheet of all the expenses I cover for her. One tip: have your brother sign IRS Form 2120 (Multiple Support Declaration) if your mother is also contributing to his support. This confirms that even though multiple people provide support, you're the one claiming him as a dependent. It's not always required, but it's good documentation to have if questions come up.

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Kolton Murphy

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Does Form 2120 only apply if multiple people could qualify to claim the same dependent? Like if both the OP and their mother provide enough support that either could potentially claim the brother? Or is it needed whenever anyone else provides ANY support?

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Mia Green

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Form 2120 is specifically for situations where multiple people together provide more than half of someone's support, but no single person provides more than half. It's called a "multiple support agreement." In the OP's case, since they're providing 75% of their brother's support, they don't need Form 2120 because they already meet the "more than half support" test on their own. The form would only be necessary if, for example, the OP provided 40% of support, their mother provided 30%, and maybe another sibling provided 20% - then they could use Form 2120 to designate who gets to claim the dependent even though no single person provided over 50%. Since the OP is clearly providing the majority of support, they should be fine without it. Just keep good records of all the expenses you're covering!

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