My client married a woman who is permanently disabled from a tumor on her spine. She received Social Security (22,800) and she receives a W2 from an insurance company with ONLY box 1 filled in, $12,922, and "third party sick pay" marked.
She hasn't filed a tax return since her disability initiated in 2005, when she was 41 years old.
Wife is telling husband that she isn't required to file and she knows it all. I told the husband, congratulations on your wedding. She is required to file.
If she had filed in the past, I believe she would have received a little EIC because what I have read tells me that her disability insurance W2 would count as "earned income."
Do you agree?