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Old 05-11-2009, 07:58 AM
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Join Date: May 2009
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Question

Denied in NJ


I was denied for SS, not for the nature of my disability (Osteonecrosis) but for "not being insured" after 6/30/2005. I have a 1099 that shows I was working and still am. The attorney I had at the time wasn't very helpful.

I was an Independent Contractor working from home taking calls for a Telemarketing company since 2003 thru 2007. The company purposely misclassified it's workers to avoid paying federal/state taxes and us, the workers.

The nature of the business was to answer calls for various clients and be paid for "talk-time" while on the phone. If you weren't on the phone with a customer you wouldn't be paid. In the beginning we were getting calls back to back so it was very busy and profitable. They constantly over hired and there were hundreds of us not being paid. We would sit around doing nothing just waiting for the phone to ring. Of course this is illegal because even though we were not on the phone, we were still "working." Clearly we were taken advantage of and the company reclassified us as hourly employees and are paying the states minimum wage. This was done after 2 class action lawsuits were brought against the company and the government finally stepped in.

I received 1099's and filed accordingly. The SS administration is not showing my earnings for 2006 but showing the other 3 years I was working this job.

I want to apply again (it's too late to appeal) because my condition is worsening and I can no longer work outside the home or sit at my home office desk for long periods of time.

Do I call the SS office and tell them my earnings for 2006 are incorrect? Will I need to pay taxes on this? I'm not showing self-employment taxes being deducted for that year but my husband and I filled jointly so his deductions made up the difference.

With this year included, I will have the 24 credits I need to get benefits. I'm not sure how to proceed. Any advice is appreciated.
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Retail Merchandiser in NJ
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