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Tax Law (Questions About Taxes)/Disability code 3 on 1099-R


I was working at Publix and late in Feb I went into the hospital for congestive heart failure. When I got out I never could return to work. I filed for SS Disability on March 6th. It went through and I was approved the first time. I had an ESOP which Publix had given me and they are going to send my 1099-R and 1099-B for this. I don't think they marked code 3 for disability on these. Will I still be able to claim it with proof? I didn't officially cash them out until May.


Thanks for your question.

There is no disability code for the 1099-B, as the reason for such a code is to enable you to avoid the 10% penalty for early withdrawal.  You will need to have Publix reissue the 1099-R for a disability exception code.

Hope this helpd.

John Stancil, CPA

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John Stancil, CPA


I can answer questions on personal income taxes, partnerships, and some corporate income taxes. I can deal with some state tax questions. Limited gift and estate tax questions. I am also familiar with ministerial and church tax reporting issues. I am Professor Emeritus at Florida Southern College. Sales taxes and property taxes are state and local issues so I am not likely be be able to give you an in depth answer on those types of taxes. I have maintained a CPA practice, specializing in tax, for over 35 years. I am a member of the National Association of Tax Professionals, The Florida Insititute of CPA's, The NCPE Fellowship. In addition I am a Certified Mentor for SCORE. Visit my website at I also offer seminars and consultations to churches and clergy on their tax issues at Also visit my blog, I am listed on Tax Connections at Prepare and file your own taxes at


I hold a doctorate in Accounting, and am a CPA. My certifications of CIA, CFM, and CMA are inactive. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I have operated a CPA firm for over 37 years and have taught accounting and tax at the college level for over 35 years.

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