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i was a courior for twenty years. i was classified as a private contractor. after many many years of this it was deternined tb be incorrect

1 Answers. Asked on Apr 24th, 2012 on Social Security Disability - California
More details to this question:
my question is.now that i have become injured and can no longer work they have given me disability insurance. the amount was determined by what the employer had paid into my ssi acount based on my pay. but since i had been mistakenly classified as a private contractor my employer had never paid any money into it. i have looked into this private contractor thing and it looks to me that because my employer decided to make us all private contractors. he also assumed the responsibility to make sure that it was legal. from what i have read he is also responsible for taxes not collected and everything else caused by a wrongfull determination of private contractor. if this is so then i would be entitled to much more on my disability i think there is a big bunch of money owed to the state by these companies using this as a tax dodge.read the law it says the employer will be responsible for any taxes not collected no matter what... i have ran out of room here so i will stop
Answers Showing 1 out of 1
Answered on Jun 13th, 2012 at 8:38 PM

If you want to pursue this, you must not sit back as everything has a statute of limitations, and you don't want yours to run out.  Contact an employment lawyer to discuss pursuing your former employer for taxes not paid.

If the taxes do get paid, then you will be entitled to a new determination of your monthly benefit.

One other thing ... if the employer didn't pay the tax, neither did you.  When the employer does, you may have a balance due for taxes.  This is an area of law that I am not an expert, but a question in which you need a lawyer's help.

To find an attorney in your area that handles Social Security Disability law, go to http://www.lawyers.com/Social-Security-Disability/browse-by-location.html and click the State in which you live. 

PLEASE NOTE that an in person consultation is always best when you have a legal problem. DO NOT RELY on information for a legal remedy without having contacted a lawyer. Facts and circumstances of every case have to be applied to the law that is relevant for the state or location in question.

NEVER rest on a right or defense you may have. Legal rights are not like wine - they don't improve with age or time. Time limits can completely prohibit recovery. SEEK LEGAL ADVICE IMMEDIATELY.
Be sure to visit my website for answers to other Social Security Disability questions. 

No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ

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Social Security Disability
If you're suffering from a disability that prevents you from working, you may be entitled to benefits under Social Security disability insurance (SSD or SSDI). Social Security disability attorneys can work with you to file your application for benefits. Because the Social Security Administration routinely denies the majority of initial claims, your SSD lawyers can also prepare for your hearing before an administrative law judge, attend all hearings, advocate on your behalf and file an appeal if your application has been denied. Hire an SSDI law firm as soon as you need to apply for SSDI. The faster your application is approved, the more quickly you will begin to receive benefits.
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