FICA refunds

This forum made possible through the generous support of SDN members, donors, and sponsors. Thank you.
M

Manicsleep

Full Member
10+ Year Member
Joined
Jul 9, 2009
Messages
886
Reaction score
14
Points
4,551
  1. Attending Physician
Members do not see this ad.
Has anyone here successfully gotten the FICA money back from their residency/fellowship programs?

My understanding is that it can be 10-15K depending on your salary and how many years you were in training. I am planning to call the programs where I trained but wanted to know if anyone has had any success so far.
 
Manicsleep said:
Has anyone here successfully gotten the FICA money back from their residency/fellowship programs?

My understanding is that it can be 10-15K depending on your salary and how many years you were in training. I am planning to call the programs where I trained but wanted to know if anyone has had any success so far.
Click to expand...

Can you explain how we would be eligible to get FICA back? I thought everyone had to pay it and once you paid it you paid it.
 
Chrismander said:
Can you explain how we would be eligible to get FICA back? I thought everyone had to pay it and once you paid it you paid it.
Click to expand...

An internist mentioned it to me in passing. He said he got a letter from his program (perhaps his hospital HR dept?).

I have looked around. There was a ruling by the IRS in 3/10 that the money should not have been taxed.
 

Members do not see ads. Register today.

Hilariously enough, this is because the AMA and congress successfully worked in cahoots to deny residents the protections afforded to employees.

Thanks to their legal wrangling, we are neither trainees, nor students, nor employees. No, I'm not kidding. This is why we don't for instance get FMLA. I've been told that workplace sexual harassment/racial discrimination law may not apply to us as well, but can't verify that.
 
masterofmonkeys said:
I've been told that workplace sexual harassment/racial discrimination law may not apply to us as well, but can't verify that.
Click to expand...
They'd apply. Harassment/discrimination laws apply to the workplace, not the employee. Employees, trainees, interns, volunteers, etc. are all equally protected under those laws.
 
I understand the time period part and have done the google searches. Thanks for putting up the link though.

There are several attendings that come here from time to time and I was wondering if any of them had gotten the money back or had word from their residency/fellowship programs.
 
This is actually the subject of an upcoming US Supreme Court case that will be heard this fall.

The State of Minnesota sued Mayo Clinic because Mayo was not witholding FICA taxes from their residents. Mayo's defense was that residents are students, not employees, so don't have to pay FICA tax. The 8th Circuit court found in favor of Mayo, so the State of Minnesota has appealed the decision to the US Supreme Court.

This case has major implications for residency protections and benefits. If residents are reclassified as students, instead of employees, we can lose a lot of protections. Our status as employees gives us protection from wrongful termination, ADA protections, health insurance/disability insurance, etc. Students have no such protections, and this would open us up to even more potential abuses from hospitals.

I agree that in theory it would be really nice to get back the additional $3k-$5k in FICA taxes each year. But in the long run, I think the legal protections and benefits that come with employee status are much much more valuable than having that amount of money in my pocket.

My understanding is that the AMA has actually filed an amicus brief with the Supreme Court, advocating for residents to continue to be classified as employees, for many of the reasons cited above.
 
Interesting POV.

Hadn't thought of it in those terms. However, residents are students. No matter how you look at it. You get a stipend. The best thing would be to attack abuses of the above nature directly rather than indirectly.

Still, I see your point.
 
You must log in or register to reply here.
Top Bottom