What defines disabled

[mcb39]

Does a 22 year old child who has severe diabetes, ADD and other physical limitations have to be on SS Disability in order to qualify as a disabled child for purposes of EIC?. He only earned $153 for the entire year and is unable to get a job. He lives with and is supported by his Grandparents. They are attempting to get him qualified for SS. Can they take the EIC credit for him as they are very low income? I am unable to find a clear IRS definition for "disabled". Thanks!

[Pacun]

A doctor has to determine that he is disabled.

[jainen]

>>I am unable to find a clear IRS definition for "disabled"<<

There is one to find, and it's the same as Social Security--Unable to perform any kind of competitive work for a period expected to last 12 months or end in death. There must a thorough medical diagnosis. In other words, it generally depends on what Social Security eventually rules. The standard is harder for young people who could presumably be retrained for another line of work. In my opinion, just getting the family doctor to write a note is probably not enough.

[mcb39]

Thank you both...I have gone with your answers and my own feelings and have not claimed the EIC for the grandparents. He could have easily have fallen into the loop as a student except that they could not afford the tuition last year. We will see what happens in 2010 and what SS finally rules. The prior year, he was a student at a technical school. I thought it was "food for thought" and feel assured that I have done my due dilligence.