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Can the bankruptcy trustee take money for debt repayment in the six month period after bankruptcy disbursement if they receive a large Social Security Disability payment?
Typically no. There are no absolutes here. If you disclosed to the Court that you were in the process of obtaining Disability, you should have nothing to worry about. However, if you kept this info from them, I would ask the lawyer who handled your case.
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AFAIK, Social Security has no impact on your ability to file bankruptcy. In fact, Social Security is excluded from the "means test", so unless you have substantial other incom…e you should be able to file Chapter 7.
If your only source of income is Social Security disability payments can the credit card companies take these payments to pay off your debts to them?
Answer No, ALL Social Security benefits are exempt from creditor attachment. The person should take care to not commingle funds in a bank account. For SS be…nefits to be completely protected they should be kept in a separate account, and the bank notified of the account deposit status. Any SS or private disability benefits are mixed with other funds, the person should be aware that bank accounts are subject to garnishment and therefore all SS benefits deposited in said account should be clearly identified as such.
Yes, if you're disabled but able to engage in part-time work, SSDI allows earnings of up to $1,000 per month (2010) for most disabilities, or $1,640 per month for the blind un…der SGA guidelines (Successful Gainful Activity). If you earn more than this threshold, you may no longer be considered disabled. The Social Security Administration encourages disabled people to return to work if their disability allows, and provides numerous support programs, including vocational rehabilitation, as well as a nine-month (non-consecutive) trial period where full disability benefits continue while you test your ability to work. Trial work periods are triggered when your income rises above the "services" level of $720 or 80 hours work per month. Once the trial period ends, you enter an extended 36-month eligibility period during which benefits can be reinstated without a full evaluation should your disability interfere with continued successful employment. Additionally, you may continue to receive Medicare benefits at the standard premium rates for 93 months (7 years, 9 months) if you remain gainfully employed or employable after completing your last trial work month. The Social Security administration conducts Continuing Disability Reviews for most disabled people at varying intervals to determine if you are still disabled and remain eligible for benefits. Any work activity commenced within two years of becoming enrolled may trigger a review; however, SSDI will not conduct a review after two years if you enroll in their "Ticket to Work" program. If, at any time, you are considered medically improved and no longer qualify for disability benefits, you may be eligible for a period of extended coverage if you enroll in vocational rehabilitation. For more details on working while disabled, consult the SSDA Red Book, available via link, below.
Yes, if you have a disability insurance policy with a "base benefit" that does not integrate with social insurance benefits.
A felon may receive SSDI benefits if he or she is not incarcerated for more than 30 days and has no outstanding warrants. Social Security will not pay cash benefits to anyon…e living in a prison, jail, nursing home or other tax-supported facility; however, if the person remains eligible for disability under SSA guidelines, payments resume after release. Payees are not entitled to back benefits for the time spent incarcerated.
Answer It depends. Any overpayments or funds received by fraud from any state or federal agency cannot be discharged in a Chapter 7 bankruptcy, or in a Chapter 1…3 bankruptcy filed on or after October 17, 2005. If the overpayment was not the result of fraud, it will be discharged. See the case of Lee v. Schweiker, 739 F.2d 870, 874 (3d Cir. 1984). SSA or any other government agency must prove, in the bankruptcy court, that the overpayment was the result of fraud. If fraud is proved, the overpayments will not be discharged in bankruptcy, and SSA can recover the overpayment from any future benefits. Please be advised that the SSA has the option of filing a civil suit if the amount is large enough, and can file federal criminal charges if the benefits were obtained fraudulently.
I would really like to find out when my benefits are affailable. Lawers tell me I have qualified but having difficulty finding out when will I reciecve monthly checks.
The broad answer to the question is Yes. However, whether both categories of benefits are payable in a particular situation will depend upon whether the applicant is found to …be "totally disabled" under SSDI guidelines, and how the private disability policy defines disability. A very comprehensive explanation of the Social Security disability process appears on the Social Security website maintained by the Social Security Administration. Much, if not all of the initial application process can be done online, or you can go to a local Social Security Office. It often takes a while to get a determination, so patience is a virtue. The most critical element of the process involves medical documentation of your inability to work. A private disability insurance policy will define that which constitutes disability, and that definition must be met for benefits to be triggered. There are various definitions and the precise wording will dictate your entitlement to benefits (such as, you may be able to collect if you are disabled from doing that line of work that you did at the time of the disabling event, or you may be able to collect only if you are unable to do any sort of work). The long and the short of it is that you may very well be able to collectboth, but the specific answer is fact-driven.
Being in a Chapter 13 bankruptcy and receiving money for a personal injury settlement two years after filing do you have to by law turn that money over to the Trustee or bankruptcy attorney?
Answer Why aren't you asking your bankruptcy attorney? It depends on the amount and what the award is for. And the details may depend on what bankruptcy court yo…ur 13 is in. You may be able to use the money to prepay your 13 plan and get out of bankruptcy. The money would go to you, not the bankruptcy attorney (unless you owe the attorney money). What claim the trustee would have is the issue.
If you just received a large disability payment from Social Security is it wise to file Chapter 13 or would the court take the money?
All Social Security benefits are exempted under Federal law from attachment in any form by creditors. It might be beneficial to consult an attorney to see if you need to file… any form of BK. It might be that state and/or federal laws render your property exempt from creditor action. You can find a listing of property that is protected under the BK laws of your state by searching (name of state) bankruptcy exemptions.
Answer I think it depends on when the bankruptcy is discharged, but it would be discussed at your meeting with the creditors and the trustee. If it wasn't discussed…, then the refund is yours.
If your parents are in bankruptcy and you need a student loan can your grandmother cosign if she is on Social Security and disability?
Answer my aunt receives social security benefits as her only source of income and she was able to co-sign on my student loan. they are basically looking for some…one with good credit and some sort of income.Your grandmother will be fine to co-sign.
Perhaps the pure answer is Yes, BK courts have great authority on being able to discharge debts, incurred pre-petition, in accord with established priorities of claims. So, th…ings like administrative fee's for the bankruptcy are normally paid in full, regardless. Will the Court discharge another attorney's fees, incurred while essentially doing things favorable to the party and the debtors (that is assuring all rights to deserved money is received), regardless of when incurred, is another question. And clearly, any attorney is generally well equipped to defend his right to collection and support why he should be paid before others. And I suspect, to assure you get a favorable result from the BK (which may not be the process your thinking) you would need to hire another lawyer to handle the BK process, and pay their fees. The correct answer is that an attorney representing a disabled client in a Social Security Disability claim or appeal will receive one-third of the amount owed from the date the claim was filed to the date it was allowed. This is a lien on the arrears and it will not be discharged in a bankruptcy.
Absolutely! You understand that in YOUR filing you begged for the Court to take the actiona, incl a trustee take car of things, don't you. They are on your side! What he… wants you to pay is only a portion of what you swore to everyone you would use your money and assets to pay, frequently before anything else...in many ways the money isn't even yours. And then at some point, even if hasn't collected enough to actually pay things off...he discharges the rest.
Does NYS DOSS require repayment for food and medical payments after receiving a retroactive social security payment based on ex-husband's earnings. I've been on disability over 10 years.?
I was finally able to obtain the answers today. The New York State Dept. of Social Services does NOT require repayment for any food/medical payments issued prior to the rece…ipt of the "retroactive" Social Security payment. I have not checked with the IRS yet, to see how it alters my tax liability. I hope this information may help others. IRS says no tax liability.