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Related: Culture Forums, Support Forums401k advice; Hardship withdrawal when being "totally disabled"
I've been reading online that if one is "totally disabled", you can qualify for a hardship withdrawal of your 401k. I've been out of work for awhile due to being totally disabled (but, hopefully, not permanently). My 401k holder is saying otherwise. I read from several sources about it online (that said the info is from IRS.gov) but, I'm not finding it on the actual IRS.gov.
Does anyone know if being "totally disabled" still qualifies for a 401k hardship withdrawal?
Fla Dem
(23,673 posts)Disabled persons can take distributions from both 401(k) plans and IRAs without being subject to the early withdrawal penalty. A disabled individual, for this purpose, is one that is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration.
The IRS requires proof of disability for this penalty exemption. Substantiating documentation from a physician should be obtained.
Medical Expenses
Distributions from both IRAs and 401(k) plans used to pay for medical expenses not reimbursed by health insurance that exceed 10% of your adjusted gross income are not subject to the early withdrawal penalty.
Dennis Donovan
(18,770 posts)...for an indefinite duration. I'm still waiting for a disability payment, and am approaching having to declare bankruptcy.
Could that rule have changed with the new tax laws?
Yonnie3
(17,441 posts)The operative word is may. If the employer plan doesn't provide for it there is likely no way to get one, other than leaving the company and rolling it over into an IRA.
The IRS rules about disability are used to avoid the 10% tax penalty on early withdrawals from retirement funds.
My recollections may be out of date or just plain wrong. It has been a long time since I looked into this.
Dennis Donovan
(18,770 posts)The 401k provider is "researching" it, so I guess I'm not "dead in the water" yet.
Yonnie3
(17,441 posts)The plan provider (administrator?) may provide their services to multiple companies all of which have a different plan document. They will have to look at the specific plan that applies to you. In any bureaucracy that is going to take time and multiple people to figure it out. They may require a prod every once in a while to keep the research moving.
Wishing you good luck!
Dennis Donovan
(18,770 posts)babylonsister
(171,066 posts)I don't 'get' why you can't use it in a time of need. Kind of what it's for, no?
Dennis Donovan
(18,770 posts)I understand that dissuading contributors from early withdrawals is a good thing, ultimately, for the contributor (my sister treated her 401k like a piggy bank so, when she retired she had $0 left in it). However, I've been disabled since the first of the yr, and have lost almost $35,000 in pay - disability has only replaced $3,000 of it.
The 401k provider kept telling me that if I have *existing* medical bills, I could apply for a hardship withdrawal. I actually have very good health insurance. However, my dilemma is that I'm flat broke and have no money for copays moving forward, so I haven't been able to get the treatments so I can return to work. If my Dr's would "bill" my copay, I could submit that. Except... no one ever "bills" copays. They are expected at the time of service. A classic Catch-22...
babylonsister
(171,066 posts)am assuming your HR dept., if you have one, can't help?
I wish I could offer you some pearls of wisdom, but I'm flat out of them. Good luck anyway.
Dennis Donovan
(18,770 posts)...because "they need me back" (which made me feel good, for once ). But there seems to be confusion on the part of the 401k provider - they're "researching it" and will call me back by tomorrow.
Thank you for answering!
babylonsister
(171,066 posts)tomorrow!
smirkymonkey
(63,221 posts)that was deferred by being directed into a 401k so be careful.
Another option is to look into obtaining a loan off of your 401k. There is no tax penalty and you pay yourself back w/ a small rate of interest. You can usually determine the duration of the loan payback period within reason. However, if you were to leave the company and not roll the money over into another 401k and still had an outstanding balance, you would be responsible for the taxes on the balance outstanding plus a 10% penalty.
Dennis Donovan
(18,770 posts)...so, unfortunately, that's not an option. Thank you for answering, though,
smirkymonkey
(63,221 posts)one. Especially if you think you will be going back to work so you can pay it off. I just took a second loan out for moving expenses. They weren't huge loans, but just some extra cash to have on hand when I needed it and a very small withdrawal from my paycheck.
Anyway, good luck with everything! I hope it all works out!