A recent Tax Court opinion illustrates the need for good advice concerning whether to apply for Social Security disability benefits when one also is receiving workers’ compensation benefits for the same injury – and that it may make sense not to seek Social Security benefits if doing so would result in a minimal benefit that is outweighed by additional taxes.
That is the gist of recent discussions by two members of the NSSTA Legal Committee, concerning the opinion in Sherar v. Commissioner, T.C. Summ. Op. 2011-44, 2011 WL 1314677 (U.S. Tax Ct. Apr. 6, 2011).