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I recently applied for short term disability after being in the hospital for several weeks. I put self employed under the employment section because I currently get paid as a 1099 indepenedent contractor. I did not realize that self employed people are not eligible for disability. At least I do not think they are eligible after doing some research.
My problem is that I believe if I were to file that IRS form that seeks a determination of your employee status I would be classified as a employee not an independent contractor. I go into my office every day, get paid hourly, receive training from them, use their computers, receive specific instructions on how to do my job, etc.
So I just got a form in the mail 2 weeks after filing my claim asking me to clarify how long I have been self employed, who my last employer was, why I became self employed. Since I already declared myself to be self employed, I don't know if I should fill out this form differently and now claim that I am not self employed, and even how to change my claim. My question is if I should try to change my claim to say that I am not self employed and how to fill out this form. If I fill out this form and still continue to say I am self employed I am guaranteeing myself that I won't get approved right? And it will be harder to go back and say that I really am not self employed if I wanted to do that right? But if I change the form and it contradicts my original claim form that will also get me denied right? What do I do?
If you're self employed who are you applying to for Short Term Disability? Even if you are 1099 you are still paying Social Security Taxes but I don't understand who you think is going to pay STD.
I did not realize that I am not eligible for disability. However, I think that I should not be classified as self employed. I should be classified as an employee based off of the 20 point criteria test that the IRS uses. So how should I fill out this form? Should I reapply?
You need disability insurance. Most people who work W2 (as an employee) have two kinds of disability insurance. Government disability insurance and private disability insurance.
Folks like you and I (self-employed) only have private disability insurance at our disposal. If you do not have this, then you have no insurance to claim when you are disabled.
Now, if there is a dispute about your status (employee or contractor), then you must fill out form SS-8 and the IRS will determine your status. Since you should be classified as an employee based off of the criteria, the IRS then will go after your employer for unpaid taxes. After this determination, you are eligible for government disability insurance.
Ok, thanks so much for your response. So my question is how should proceed? Should I fill out this self employment questionnaire that they sent me in a contradictory way to what I originally claimed ( that I was self employed)? Or should I fill out this form and claim that I was in fact self employed. Or should I attempt to reapply and say that I was wrong on my original application? I am running out of savings money so I am hoping to get this situation resolved soon.
I don't know how to respond to the questionnaire they sent you. Hopefully someone else can answer that for you. You can always call them... they are very helpful over the phone.
Regarding the SS-8 form, keep in mind that it will strain your relationship with your "employer". So be careful.
If your an independent contractor who pays your short-term premiums? You won't get any benefits without some sort of. Disability insurance policy
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