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I have a notification from social security that they received info from IRS stating I am self employed,when I am not.

San Jose, CA |

I received approximately 9 k in reimbursement as a settlement offer which was a personal injury . The company knew I sued for personal injury - they reported it as 1099 and since I want no problem with the IRS , social security thinks I am self employed I don't want to give them much because it is not their area - I have a child with a disability who needs the soc sec How do I explain it to them - without getting into details I am OK with them deducting overpayment

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Attorney answers 5


This question is too specific and there are too many details missing here that do not allow an adequate response here. How you handle the matter could have an impact not only on an overpayment, but on future benefits and, if SSA suspects fraud, from a criminal persepective as well.

You need to meet with an attorney in your area who handles SS claims for an initial consultation and decide what risks are involved and what options you have.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.


I would contact a SS attorney sooner rather than later. Best of luck to you.

This information is provided as a public service to provide a general answer and should not be relied upon as legal advice.


Talk to a SS attorney. Generally, personal injury settlements are not subject to tax. But, if you are on disability, your benefits can be affected by receiving a settlement. Your PI attorney should have helped you with that. Contact him or her as well to see if they can help you.
Be careful what you say to the SS or IRS agents. Get an attorney to help you so you don't lose your benefits.


You should contact a local attorney practicing Social Secuirty Disability Law. In Pennsylvania, a personal injury award is NOT counted as income. I make the ALJ aware of any personal injury award as soon as possible. I agree with counsel who advised that you should contact an attorney as soon as possible.


If you are receiving SSI, you need to report all income; they will then decide how to classify it based on your input.

This is not legal advice but a general comment on society based on a limited set of hypothetical circumstances. No one should act or refrain from acting based on these comments without seeking appropriately licensed legal or professional advice. The author disclaims all liability in respect to actions taken or not taken based on his comments.