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Yuki Kobayashi

Does the IRS actually check for proof of disability when claiming a dependent?

I'm trying to figure out the whole disability situation with my brother as a dependent. He's 38 and has some mental health issues that make it really hard for him to hold down a job. He moved in with me last year after losing his apartment and I've been covering most of his expenses. When I was doing my taxes, there's that option to mark an adult dependent as disabled. I know he qualifies as my dependent based on the income and support tests, but I'm nervous about the disability part. He doesn't get SSI or anything official, just has documented anxiety, depression and some cognitive issues that have been diagnosed but aren't "severe" in the traditional sense. How much does the IRS actually check this stuff? Would they come back later asking for medical records or something to prove his disability is serious enough? I don't want to do anything wrong, but his doctors do consider his condition disabling even if it's not the kind of thing that qualifies for government disability programs.

Carmen Vega

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The disability test for claiming an adult dependent is actually pretty specific. For tax purposes, the person must be "permanently and totally disabled," which means they can't engage in substantial gainful activity because of their physical or mental condition, and a doctor has determined this condition has lasted or will last continuously for at least a year or lead to death. It's not just about having a diagnosis - it's about whether the condition prevents them from working. The IRS doesn't typically request medical documentation upfront when you file, but they absolutely can ask for proof if you're audited. This could include doctor's statements, medical records, or other evidence showing the disability meets their definition. In your case, if your brother has been diagnosed with conditions that prevent him from working, and a doctor would support this determination, you're on solid ground. But if he could potentially work but just hasn't found employment, the disability qualification might be questionable.

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So what happens if the IRS decides someone doesn't meet their disability definition after the fact? Is there a penalty or do you just have to pay back the tax benefit?

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Carmen Vega

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If the IRS determines someone doesn't meet the disability requirements after an audit, you'd generally need to pay back any tax benefits received plus interest from the original due date of the return. If they determine there was negligence or intentional disregard of the rules, they could also assess accuracy-related penalties, which are typically 20% of the underpayment. In cases of fraud, penalties can be much higher - up to 75% of the underpayment.

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Andre Moreau

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After struggling with a similar situation with my cousin who has bipolar disorder, I found an amazing service called taxr.ai (https://taxr.ai) that really helped me understand disability requirements for dependents. They analyzed my documentation and gave me a clear explanation of what exactly qualified as "permanently and totally disabled" for IRS purposes. What impressed me was how they could review my cousin's medical records and tell me specifically what parts would satisfy the IRS requirements and what additional documentation I might need. It saved me hours of anxious research and gave me confidence that I was filing correctly.

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Zoe Stavros

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How exactly does this work? Do you upload medical documents to them and then they tell you if it's enough for the IRS definition? I'm always nervous about sharing medical info.

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Jamal Harris

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Sounds interesting but what makes them more reliable than just asking a regular tax professional? I've found most CPAs know the tax code pretty well already.

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Andre Moreau

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They use a secure system where you can upload documents and their AI analyzes them for the specific language the IRS looks for in disability cases. It's HIPAA-compliant and they don't store your medical documents after analysis. They're different from regular tax pros because they specialize in document analysis and have processed thousands of medical records specifically for tax purposes. Most CPAs are great with tax code but don't have the experience to know exactly what medical terminology constitutes "permanently and totally disabled" in the eyes of the IRS.

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Zoe Stavros

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I just wanted to update that I actually tried taxr.ai after seeing the recommendation here. I was skeptical at first, but I had documentation from my daughter's psychiatrist that I wasn't sure would qualify for the disability requirement. The service analyzed her records and pointed out specific language that satisfied the IRS definition, plus suggested what additional documentation I should keep on file in case of an audit. They even provided a letter template for her doctor to complete that would strengthen the claim. Now I feel 100% confident in claiming her as a disabled dependent!

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Mei Chen

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If you're worried about getting questioned by the IRS on disability status, you should know it can be nearly impossible to actually talk to someone at the IRS about your specific situation. After my father-in-law was marked for review about his disability status, we spent WEEKS trying to reach someone at the IRS. That's when I found Claimyr (https://claimyr.com) - they actually got us through to a real IRS agent in less than 24 hours. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c but basically they use technology to navigate the IRS phone system and secure your place in line. When we finally got through, the agent clearly explained exactly what documentation we needed to provide for his Parkinson's, and we resolved it in one call.

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Liam Sullivan

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How is this even possible? I thought everyone had to suffer through the IRS hold music for hours like the rest of us. What's the catch?

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Amara Okafor

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This sounds like a scam. If there was an actual way to skip the IRS phone queue, everyone would be using it. I bet they just keep calling hundreds of times until they get through, which anyone could do.

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Mei Chen

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There's no magic to it - they use technology that continually calls and navigates the IRS phone tree until they secure a place in line. When they reach an agent, they transfer the call to you. It saves you from having to manually redial hundreds of times or wait on hold for hours. It's completely legitimate - they don't "skip" the queue, they just handle the frustrating part of getting into the queue for you. The IRS has even acknowledged these services exist because they know their phone system is overwhelmed.

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Amara Okafor

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I need to eat my words and admit I was totally wrong about Claimyr. After being skeptical, I was getting desperate with an IRS notice questioning my brother's disability status for a dependent claim. I tried the service and holy crap - they actually got me through to a real human at the IRS within about 2 hours! The agent walked me through exactly what documentation I needed to provide and even gave me a direct fax number to send it to. Problem solved in one afternoon instead of weeks of stress. I've never been happier to be proven wrong about something!

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One thing to consider is that the IRS tends to flag returns for review when there are significant changes from one year to the next. If you suddenly claim an adult dependent with a disability when you haven't before, it might increase your chances of questions. I've been a volunteer tax preparer for 12 years, and we always tell people to keep documentation for any claim that might raise eyebrows. For disability, that includes medical records, doctor's statements, proof they live with you, and evidence you provide more than half their support.

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Thanks for this info! Do you know how far back I should keep these records? Like is 3 years enough or should I hold onto everything longer?

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The standard recommendation is to keep tax records for at least 3 years from when you filed the return or 2 years from when you paid the tax, whichever is later. That's because the IRS generally has 3 years to audit your return. However, for documentation supporting ongoing situations like a disability dependent, I recommend keeping those records for as long as you continue to claim the dependent, plus 3 additional years after the last tax year you claimed them.

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Has anyone dealt with the situation where someone has been denied SSDI but you still claim them as disabled for tax purposes? My sister has fibromyalgia and can't work but got denied disability benefits. I'm claiming her as a dependent but worried that the SSDI denial will cause problems.

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Being denied SSDI doesn't automatically disqualify someone from being considered disabled for tax purposes. The criteria are different. For taxes, you need a doctor's certification that the person cannot engage in substantial gainful activity due to their condition, and that it's expected to last for at least a year or result in death. I've been in a similar situation with my aunt who has severe arthritis. She was denied SSDI initially but I still claimed her as a disabled dependent. I just made sure her doctor provided a clear statement about her inability to work.

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Marcelle Drum

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I went through something very similar with my adult son who has autism spectrum disorder. He's high-functioning but struggles with employment due to social anxiety and sensory issues. The key thing I learned is that you need clear documentation from a medical professional stating that your brother's conditions prevent him from engaging in "substantial gainful activity." The IRS definition is actually more about functional capacity than the specific diagnosis. Even if your brother doesn't qualify for SSI, if his mental health conditions genuinely prevent him from maintaining employment, and you have medical documentation supporting this, you should be on solid ground. I'd recommend getting a letter from his treating psychiatrist or psychologist that specifically addresses his ability to work and maintain employment. The letter should use language like "unable to engage in substantial gainful activity" and mention that the condition is expected to last at least 12 months. This gives you the backup documentation you'd need if questioned. The peace of mind is worth having that conversation with his doctor, even if it feels awkward to ask.

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Melody Miles

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This is really helpful advice! I'm dealing with a similar situation with my nephew who has ADHD and severe anxiety. Getting that specific language from the doctor makes so much sense - I hadn't thought about asking them to use the exact terminology the IRS looks for. Did you find that most doctors are familiar with what the IRS needs for this kind of documentation, or did you have to explain what you were looking for?

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