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Author: GLSHEFF Two stars, 250 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 75592  
Subject: Re: Ira penalty exceptions due to disability Date: 3/9/2000 3:50 PM
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<<I notice that in your essays on Iras, you mention that there are seven exceptions to the 10% penalty for early withdrawals. One that is of interest but does not seem to be explained is number 1: Occur because of the IRA owner's disability.
How and by whom is the disability determined? Does one have to be disabled by the standards of the Social Security Administration?

Also, can one rollover a 401k and then withdraw from the resulting IRA without penalty if you are disabled?>>

<<Basically, the disability that qualifies under this exemption is the same as that for SSA disability. Under USC Section 72(m)(7), the disability must be a medically determinable physical or mental impairment that leaves the account owner unable to engage in any substantial gainful activity. Additionally, the disability must be expected to last indefinitely over a long period or result in death.

401k plans may permit early distributions under the same criteria. Alternatively, the 401k plan money may be transferred to an IRA after separation, and the distribution may come from that account.

Regards..Pixy>>

I am still not sure if I understand.For clarification I ask: Are you stating that to meet the definition you must have been accepted and declared disabled by the SSA? Or are you only stating that the standards are the same. It seems to me that you could be disabled but still wait for as long as two or more years to have that disability accepted by the SSA which is notorious for denying disability. (I'm told they only have one stamp for your disability forms and it says "NO!!")
Thanks again,
GLSHEFF
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