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Disability Income

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C

Crock2

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What is the name of your state? Ohio

I receive SS disability and disability payments from an insurance company. The insurance company sent me a W-2 and marked it as "Third Party Sick Pay" in box 13. I know that part of the SS disability and all of the insurance disability is taxed by the IRS due to my income level.
My question is about Ohio Taxes. On Ohio taxes there is a line to deduct certain disability and survivorship benefits. Here is the code:
5703-7-08 Deduction of disability and survivorship benefits.

In accordance with Section 5747.01(A), Revised Code, a taxpayer may deduct, to the extent otherwise included in Federal Adjusted Gross Income, the amount of disability benefits received pursuant to a contributory or non-contributory employee disability and survivorship plan; provided, that the establishment of the employee's permanent or presumed permanent inability to engage in gainful employment for which qualified by training or experience as a result of a physical or mental impairment is a pre-condition to the receipt of such benefits.

A taxpayer may not deduct, as disability benefits, any "sick pay" or similar temporary wage and salary continuation payments, nor any payments received under a plan, regardless of the nature of such plan, if the plan deems such payments to be, or in lieu of, retirement benefits, annuities, or distributions. Payments initiated as disability benefits are deemed retirement benefits, annuities, or distributions, subject to separate Ohio tax treatment, when, by virtue of the attained age of the employee or any other cause, the plan no longer requires the pre-condition of physical or mental impairment for the receipt of such benefits.

When I called the State of Ohio, they told me that in order to claim the disability income from the insurance company that it had to be issued on a 1099R or a W-2P form. She could not give me the code where she found that information.
When I called the insurance company they told me that the pay is disability income and that they only issue form W-2.

Can I write off the insurance disability income or not?
Sorry for being so long, but I felt that all of this information was pertinent in making a decision.
 



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