Does 401(k) Withdrawal Affect Social Security Disability? | LaPorte Law Firm (2024)

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  • December 4, 2023

Does 401(k) Withdrawal Affect Social Security Disability? | LaPorte Law Firm (1)

Are you receiving Social Security disability benefits and wondering whether your 401(k) will impact your disability benefit? For many disability beneficiaries, the loss of work income presents a financial planning challenge. This is due to the fact that Social Security disability benefits do not replace a high percentage of a person’s income. When a worker goes on disability, they often experience a significant reduction in monthly income. Therefore, many people look to 401(k) withdrawals as a potential source of income to help bridge the gap between their work income and their SSDI (Social Security Disability Insurance) benefit amount.

Disability beneficiaries are by definition younger than 66 or 67 years old because Social Security does not pay disability benefits to those who have reached their full retirement age. Because 401(k) plans allow tax-free withdrawals at the age of 59½, many disability beneficiaries aged 59 to 66 (or age 67 if born after 1960) wonder whether they can supplement their Social Security disability income with withdrawals from a 401(k) or other types of retirement investment accounts.

The income rules for Social Security disability are complex and confusing, with misinformation surrounding the topic. This article will discuss whether 401(k) withdrawals will impact Social Security disability and Social Security retirement benefits

(TLDR: Income from a 401(k) will not impact your disability benefit. Read on to understand why a 401(k) withdrawal does not impact disability, and to understand the different types of “income” that impacts SSDI payments).

Understanding Social Security Disability Insurance

It is important to understand first what Social Security disability is, and the way it is funded.

Social Security Disability Insurance, or SSDI, is a federal program that offers financial assistance to people who are unable to work due to a disability. SSDI is an insurance type system that workers “pay into” through their FICA taxed earnings. When a worker becomes unable to work due to a disability, they can claim their disability benefit. The monthly disability benefit is calculated based on their unique earnings record from work. The higher the amount of lifetime earnings, the higher the benefit amount.

SSDI benefits are calculated based on a person’s previous earning record, not their current income or assets. Unlike SSI, which is a means-tested, low-income benefit, SSDI does not look into a beneficiaries’ assets when determining eligibility. For example, if Mark Zuckerberg becomes unable to work due to a disability, he can collect a monthly SSDI payment based on his work history (assuming he has paid enough FICA taxes as CEO of Facebook (now Meta) rather than taking out loans against his Facebook shares for his annual income). The value of Zuckerberg’s Facebook shares would not interfere with his SSDI eligibility, because SSDI is not means tested and does not consider the assets of a beneficiary or their spouse. His real estate investments and the income from real estate properties do not count as “earned income” for Social Security disability purposes.

Similarly, the income and assets of a spouse do not interfere with eligibility for Social Security disability benefits. Assuming Zuckerberg paid enough FICA taxes, he would be eligible to collect SSDI benefits if he is disabled and cannot work.

If you would like to know more about the SSDI application process, you can consult this dedicated page.

What Is a 401(k), and How Do Withdrawals Work?

A 401(k) is a retirement savings plan sponsored by an employer. An employee who signs up for their employer-sponsored 401(k) plan has a percentage of their paychecks deposited directly into a designated investment account. The employee elects what percentage of their gross income will be deposited into the account. Some employers match the amount contributed to the employee’s 401(k). 401(k) accounts are tax-advantaged, so contributions are pre-tax, thus reducing taxable income. No taxes on the contributions are paid in a traditional 401(k) account until they are withdrawn

Traditional and Roth 401(k) plans are defined contribution plans, meaning that the amounts an employer and employee can contribute are governed by the IRS. For the year 2023, the annual limit on contributions for an employee under age 50 is $22,500. Employees over age 50 can make “catch-up” contributions in the amount of $7,500. In 2024, the maximum amount that an employee under age 50 can contribute goes up to $23,000.

401(k) plans are beneficial in multiple ways for workers. For instance, they allow workers to reduce their tax burden while simultaneously saving for retirement. Once a 401(k) is set up, the plan allows a worker to make automated retirement contributions. These contributions are invested and may receive returns based on the performance of the markets.

Does 401(k) Withdrawal Affect Social Security Disability?

A 401(k) withdrawal does not directly affect your Social Security disability benefits because 401k withdrawals are not “earned income” for Social Security purposes. 401(k) withdrawals reflect income from work performed in the past, over the years of a worker’s life of earning and saving. Income from a 401(k) withdrawal is similar to the passive income from real estate or other types of investments, not income from work activities performed in exchange for money.

In general, disability claimants and beneficiaries are not working and therefore are not earning income through work. The Social Security Administration (SSA) has several tests for determining whether a person is working. Generally, earned income that exceeds $1,470 in the year 2023 and $1,550 in the year 2024 is “working” under SSA regulations. A person applying for disability benefits earning above those figures through work, even if part time, will likely be denied on the basis of the work income.

Once a disability claimant is approved, the SSA allows for a trial work period for disability beneficiaries to test their ability to work. A beneficiary can work for up to nine months, not necessarily consecutively, and still receive their disability benefit. If a beneficiary uses all of their trial work period months, then the SSA will cease the benefit.

Note that these rules are meant to incentivize a beneficiary to attempt to return to work. Outside of the trial work period, a beneficiary cannot earn income from work and retain disability eligibility. However, unlike income from performing work-related activities or services, income from a 401(k) is not treated the same as income received for performing work-related activities. Therefore, disability beneficiaries and disability applicants can elect to withdraw from their 401(k) savings without worrying about an impact to their claim for disability or ongoing disability payments.

However, a lump-sum 401(k) withdrawal could potentially increase your taxable income for the year, which may affect the taxability of your SSDI benefits. If you receive Social Security disability and elect to make 401(k) withdrawals, this 401(k) income will not impact your eligibility for a disability benefit. However, a portion of your disability benefits could be subject to taxes depending on the amount of your combined income from Social Security disability and 401(k) withdrawals.

If you file taxes as an individual and your annual income including the disability benefit is less than $25,000, your disability benefit is not subject to taxes. If you file as an individual and your income for the year is between $25,000 and $34,000, up to 50% of your disability benefits may be taxed. If you file as a single individual and your income exceeds more than $34,000 annually, then up to 85% of your benefit may be subject to taxation.

If you file jointly with your spouse, your benefit is not taxable if your combined income does not exceed $32,000. If you file jointly and have combined income between $32,000 and $44,000, up to 50% of your benefit may be subject to taxation. If you file jointly and your combined income exceeds $44,000, up to 85% of your income may be subject to taxation.

If you are receiving Social Security disability and are considering taking withdrawals on your 401(k), consult a tax professional to understand the tax implications.

FAQs

Yes, for tax purposes. No, for SSDI “earned income” purposes. In other words, 401(k) withdrawals do not count as earned income for determining whether a disability claimant is working or for determining whether a disability beneficiary is no longer eligible for the benefit due to returning to work. A 401(k) withdrawal does not impact SSDI eligibility one way or another. However, a 401(k) withdrawal may have tax implications for a disability beneficiary, depending on the combined annual income from the SSDI benefit and the 401K withdrawal.

A 401K withdrawal does not impact SSDI eligibility. It may, however, impact tax liability.

Yes. Unlike SSI, which is a means-tested, low-income program that requires an individual to have less than $2,000 in total assets (less than $3,000 for a married couple), the SSDI benefit does not look into the assets of a disability applicant. Because the process for determining Social Security disability eligibility is lengthy, many disability applicants will start taking withdrawals in order to help bridge the gap between the cessation of employment and the approval of Social Security disability payments.

About The Author

Does 401(k) Withdrawal Affect Social Security Disability? | LaPorte Law Firm (2)

Kevin LaPorte

Kevin LaPorte received his JD from the University of San Francisco Law School where he was also awarded an International and Comparative Law Certificate with Honors. He is a member of the National Organization of Social Security Claimants’ Representatives, where he has received specialized training in Social Security Disability Law.

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Does 401(k) Withdrawal Affect Social Security Disability? | LaPorte Law Firm (2024)

FAQs

Does 401(k) Withdrawal Affect Social Security Disability? | LaPorte Law Firm? ›

401(k) and SSDI

Do 401k withdrawals count as income for social security disability? ›

No, for SSDI “earned income” purposes. In other words, 401(k) withdrawals do not count as earned income for determining whether a disability claimant is working or for determining whether a disability beneficiary is no longer eligible for the benefit due to returning to work.

How do I prove disability for a 401k withdrawal? ›

Disability

The IRS dictates that investors must be totally and permanently disabled before they can dip into their retirement plans without paying a 10 percent penalty. Rothstein says the easiest way to prove disability to the IRS is by collecting disability payments from an insurance company or from Social Security.

Does withdrawal from a 401k count as income? ›

Withdrawals from 401(k)s are considered income and are generally subject to income tax because contributions and growth were tax-deferred, rather than tax-free.

Does a 401k hold back 10% penalty on a disabled person? ›

If a retirement account owner becomes disabled, the IRS will waive the 10 percent early withdrawal penalty so long as she can show that she is unable to perform any substantial gainful activity and that the condition causing the disability is expected to result in death or last for a long time.

What kind of income reduces Social Security benefits? ›

When we figure out how much to deduct from your benefits, we count only the wages you make from your job or your net earnings if you're self-employed. We include bonuses, commissions, and vacation pay.

What income does not count against Social Security? ›

retirement age during the whole year

For the earnings limits, we don't count income such as other government benefits, investment earnings, interest, pensions, annuities, and capital gains.

What is the penalty for withdrawing 401k while on disability? ›

One note: While there's usually a 10% penalty for withdrawing from your 401(k) before the age of 59 ½, you can withdraw early if you have a qualifying disability. However, the IRS defines disability differently than the Social Security Administration does.

Do you have to show proof of hardship withdrawal? ›

That is, you are not required to provide your employer with documentation attesting to your hardship. You will want to keep documentation or bills proving the hardship, however.

What proof do you need for a hardship withdrawal? ›

The administrator will likely require you to provide evidence of the hardship, such as medical bills or a notice of eviction.

How to avoid 20% tax on 401k withdrawal? ›

Minimizing 401(k) taxes before retirement
  1. Convert to a Roth 401(k)
  2. Consider a direct rollover when you change jobs.
  3. Avoid 401(k) early withdrawal.
  4. Take your RMD each year ...
  5. But don't double-dip.
  6. Keep an eye on your tax bracket.
  7. Work with a professional to optimize your taxes.

Is a pension withdrawal considered income? ›

If you receive retirement benefits in the form of pension or annuity payments from a qualified employer retirement plan, all or some portion of the amounts you receive may be taxable unless the payment is a qualified distribution from a designated Roth account.

At what age is 401k withdrawal tax-free? ›

Once you reach 59½, you can take distributions from your 401(k) plan without being subject to the 10% penalty. However, that doesn't mean there are no consequences. All withdrawals from your 401(k), even those taken after age 59½, are subject to ordinary income taxes.

Do IRA withdrawals affect Social Security disability? ›

SSDI. If you're receiving benefit payments for SSDI, you're IRA will not affect your benefits. SSDI recipients can put money and take money out from an IRA, and the SSA won't say a word. This is because there's no financial limits for SSDI.

What is the best way to withdraw money from a 401k after retirement? ›

But if you have an urgent need for the money, see whether you qualify for a hardship withdrawal or a 401(k) loan. Borrowing from your 401(k) may be the best option, although it does carry some risk. Alternatively, consider the Rule of 55 as another way to withdraw money from your 401(k) without the tax penalty.

How to cash out a 401k without penalty? ›

Generally, the IRS will waive the early distribution tax penalty if these scenarios apply:
  1. You choose to receive “substantially equal periodic” payments. ...
  2. You leave your job. ...
  3. You have to divvy up a 401(k) in a divorce. ...
  4. You are a domestic abuse survivor. ...
  5. You are terminally ill.
  6. You become or are disabled.
May 8, 2024

Does retirement income affect Social Security disability benefits? ›

Social Security disability benefits automatically change to retirement benefits when disability beneficiaries become full retirement age. The law does not allow a person to receive both retirement and disability benefits on one earnings record at the same time.

What income counts towards the Social Security earnings limit? ›

When we figure out how much to deduct from your benefits, we count only the wages you make from your job or your net profit if you're self-employed. We include bonuses, commissions, and vacation pay.

Does investment income affect social security disability benefits? ›

There's an income limit on money earned from working and SSD can be denied if earnings are too high. There's no limit on unearned income, meaning money made from investments won't affect your SSD benefits.

Is certain disability retirement benefits considered earned income? ›

Earned income.

If you are retired on disability, benefits you receive under your employer's disability retirement plan are considered earned income until you reach minimum retirement age. However, payments you received from a disability insurance policy that you paid the premiums for are not earned income.

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