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Lukas Fitzgerald

Is 3rd party sick pay taxable income for long-term disability benefits I paid for myself?

I've been on long-term disability for several years due to a severe neurological condition. My annual W2 shows income categorized as "3rd Party Sick Pay" from a disability policy that I paid for while I was working. I'm getting really confused about whether this income is actually taxable in my specific situation. I've heard completely contradicting information - some sources say it's partially taxable based on who paid what portion of premiums (me vs former employer), others say it's not taxable at all since I paid the premiums myself, and others say it depends on how the premiums were paid. To complicate things further, my former employer went out of business about 4 years ago, making it nearly impossible to get original documents about the policy. And honestly, the insurance company paying my benefits has a terrible reputation. They've fought me on everything and I've had to spend almost $8,000 in legal fees just to get what I'm entitled to. I'm hesitant to hire another attorney due to both cost concerns and my health limitations (memory/attention issues make managing another legal process really challenging). But I also wonder if the insurance company might be incorrectly reporting my benefits as taxable when they shouldn't be? They've actually been cited for doing this to other people in the past. Any insights would be really helpful! Happy to provide more details if needed.

Ev Luca

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The taxation of disability income really depends on who paid the premiums. The basic rule is: if you paid the premiums with after-tax dollars, then the benefits are tax-free. If your employer paid the premiums (or if you paid with pre-tax dollars through a cafeteria plan), then the benefits are taxable. Your W-2 showing "3rd Party Sick Pay" suggests the insurance company is reporting it as taxable income. But that doesn't necessarily mean they're right. Since you mention you paid for the policy yourself, those benefits should likely be tax-free, assuming you used after-tax dollars. I'd recommend requesting a copy of your policy directly from the insurance company (they should have this regardless of your employer being out of business). Also ask for documentation showing how the premiums were paid. If they're being difficult, you might need to file a formal request in writing.

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Thanks for the helpful info. I've actually tried multiple times to get documentation from the insurance company, but they keep giving me the runaround. They claim they can only provide current policy information, not historical payment records from when I was actively employed. Is there any specific language I should use when requesting this that might force them to comply? Also, I'm pretty certain I paid with after-tax dollars, but how can I prove this if I can't get documentation? My old pay stubs from 5+ years ago don't itemize the deduction specifically enough.

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Ev Luca

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You can try requesting your records using specific language referencing your right to documentation under ERISA (Employee Retirement Income Security Act). Something like: "I am formally requesting all plan documents, including evidence of premium payments and tax status of those payments, as is my right under ERISA Section 104(b)(4)." If you paid with after-tax dollars, it would typically show on your W-2 from those years. Your total taxable wages would include your full salary without reduction for the disability premium. If you have old tax returns with W-2s attached, that might help. Another option is requesting a wage and income transcript from the IRS for those tax years, which would show your reported taxable income.

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Avery Davis

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After dealing with a similar nightmare situation with disability payments, I found that using https://taxr.ai completely turned things around for me. I was getting conflicting information about my disability payments too (mine was a mixture of employer and self-paid premiums). I uploaded my old W-2s, some pay stubs I found, and the statements from my insurance company, and the AI actually identified exactly which portions should be taxable vs. non-taxable. It even created a document explaining the tax law that applies to my situation that I could share with my accountant. The best part was that it helped me figure out I'd been overpaying taxes for 3 years and should file amended returns. Might be worth checking out since you're dealing with the same confusing 3rd party sick pay situation.

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Collins Angel

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How does this actually work? Does it just give general advice or does it actually analyze your specific documents? I've got a similar issue with a mixed payment situation and even my accountant seems confused.

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Marcelle Drum

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Sounds suspiciously convenient. Not trying to be rude but how do you know the advice is legitimate? Tax law is complex and I'm skeptical that some AI tool could correctly interpret something even tax professionals disagree about.

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Avery Davis

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It actually analyzes the specific documents you upload. You can upload tax forms, insurance statements, even emails or letters from your provider. The system recognizes the relevant information and compares it against current tax rules for your specific situation. It's not just giving generic advice - it's identifying the specific details in your documents that determine tax treatment. Regarding legitimacy, I was skeptical too at first. What convinced me was that it cites specific IRS publications and tax code sections with every conclusion it draws. My accountant was able to verify everything it recommended. The analysis is based on established tax law, not just opinions.

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Collins Angel

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Just wanted to follow up - I tried taxr.ai after seeing this recommendation and it was incredibly helpful with my disability payment situation. I'd been paying taxes on ALL my disability income because that's what my W-2 showed, but after uploading my old enrollment forms, the system showed that about 70% of my premiums had been paid with after-tax money. It generated a detailed explanation letter that I sent to the insurance company, and they actually issued a corrected W-2! I was shocked that it worked. Now I'm filing amended returns for the last two years to get back around $5,800 in taxes I shouldn't have paid. Wish I'd known about this earlier!

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Tate Jensen

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After fighting with the IRS over a similar disability tax issue for months, I finally broke down and used https://claimyr.com to get through to a real human at the IRS. I had spent WEEKS trying to get someone on the phone who could actually explain how the 3rd party sick pay should be handled. With Claimyr, I got a callback from the IRS within 2 hours, and the agent was able to pull up my account and explain exactly how to report the income based on my specific situation. Their system holds your place in the IRS phone queue so you don't have to stay on hold all day. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c If you're getting nowhere with the insurance company, going straight to the IRS might be your best bet for a definitive answer.

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Adaline Wong

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Wait, how does this actually work? The IRS phone system is notorious for disconnecting people. Does this service somehow bypass the normal phone queues?

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Marcelle Drum

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Sorry but this sounds like a scam. Why would the IRS give priority to calls from some random service? They're not going to let people pay to jump the queue. And why would you need this when you can just call the IRS directly?

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Tate Jensen

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It doesn't bypass the queue - it waits in the queue for you. The way it works is they have a system that calls the IRS and navigates the phone tree, then waits on hold in your place. When an IRS agent finally picks up, you get a notification to join the call. It's basically just saving you from having to listen to the hold music for hours. It doesn't give you any priority with the IRS - you're still in the same queue as everyone else. The difference is you don't have to sit there with your phone to your ear for 2+ hours. The IRS has no idea you're using a service - when you join, it's just you talking directly to them. I was skeptical too but when you've been trying to reach them for weeks with no success, the service fee was worth it to actually get an answer.

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Marcelle Drum

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Ok I feel like I need to update my skeptical comments above. I actually tried Claimyr after posting because my curiosity got the better of me. I'd been trying to reach the IRS for WEEKS about my own disability payment issues and kept getting disconnected after waiting on hold. The service actually worked exactly as described. I got a call back in about 90 minutes saying an IRS agent was on the line. The agent clarified that in my case, since I had paid 100% of my premiums with after-tax dollars (which I was able to verify through old paystubs), NONE of my disability payments should have been reported as taxable income. I'm now working with the disability insurance company to get corrected W-2s for the last three years. Can't believe I've been overpaying all this time! Sometimes my skepticism costs me money lol.

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Gabriel Ruiz

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Wanted to add another option - the Taxpayer Advocate Service might be able to help with this for free. They helped me resolve an issue with incorrectly reported disability income last year. You can find your local office here: https://www.taxpayeradvocate.irs.gov/contact-us/ The key thing they told me was to look at Box 12 on your W-2. There should be a code J if you contributed to the disability plan with after-tax dollars. If that's missing but you did pay with after-tax money, that's part of your documentation to dispute the taxability.

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Thanks for this suggestion! I checked my W-2 and there's no code J in Box 12, which does suggest they're not accounting for my after-tax contributions. The Taxpayer Advocate Service sounds like a good next step. Did you need to provide specific documentation when you worked with them? And roughly how long did the process take to resolve?

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Gabriel Ruiz

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I needed to provide whatever proof I had of my premium payments - in my case I had some old paystubs showing the deductions were taken after taxes. I also had an old benefits enrollment form showing I elected the coverage and was paying 100% of the premium. The process took about 3 months from my first contact with them until resolution. They assigned me a specific advocate who handled everything, including contacting the insurance company directly. The big advantage was having someone who knew exactly what documentation was required and what tax laws applied. Much easier than trying to navigate it myself.

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As someone who's been through this exact situation, I want to warn you - don't just assume the insurance company is reporting correctly. My disability insurer reported my benefits as fully taxable for 3 years before I caught the error. Had to file amended returns for all three years. The definitive test: If YOU paid the premiums with after-tax money, the benefits are NOT taxable. If your EMPLOYER paid OR if you paid with pre-tax money (like through a section 125 cafeteria plan), then the benefits ARE taxable. Something else to try: Check your last pay stubs before you went on disability. If the disability premium was deducted AFTER taxes were calculated, that's evidence you paid with after-tax dollars.

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Peyton Clarke

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Is there a way to tell from the w2 itself? My insurance company says they just report what the employer told them and can't change it without employer verification, but my employer is also out of business.

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