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-   -   401K Penalty 10% (https://www.askmehelpdesk.com/showthread.php?t=36520)

  • Oct 10, 2006, 09:20 PM
    Jbert
    401K Penalty 10%
    Hi,

    I lost my job of 30 years this year due to disability. I have been awarded Social Security Disability. Approved in Feb 06, first payment was August 06. I had 2 withdrawals from my 401K. The first had a 10% penalty, the 2nd did not because of the disability. My question is:

    Is the disability retro active for the whole year or just from the approval date. If the 1st disbursement was after the disability approval date can I get a refund on it.


    Thanks


    Jim
  • Oct 11, 2006, 06:37 AM
    ScottGem
    You should be able to get it back if it was AFTER the approval. But what I suspect will happen is that the 10% will just be used as a credit against your tax liability for the year.
  • Oct 11, 2006, 02:00 PM
    Jbert
    Thanks Scott,

    On the present Disability structure every penny will help. I will check out the dates as you suggested.
  • Oct 11, 2006, 03:53 PM
    AtlantaTaxExpert
    If you can show that you were disabled the day you left your job, you should be able to get the 10% penalty back with little problem.
  • Oct 11, 2006, 04:16 PM
    Jbert
    Thanks ATE. I will check dates. The disability law says there is a 5 month wait on funds. So if I got my first check in August, counting back 5 months would be March, so approved in Feb. Will look up date on money received into rollover as the disbursement was at the same time.

    Thanks again


    Jim
  • Oct 12, 2006, 05:57 AM
    AtlantaTaxExpert
    Glad to help!

    Remember that you become disabled when you got injured, NOT when SSA says you were disabled.

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