? re disability back pay

[Shalynn]

I had my hearing in October, got a letter dated Nov 15 that it was a no assett case, and I expect to get a discharge in December.

I just heard today that the ALJ approved my disability (waited 4 years). Can the creditors take this money? I am going to talk to my attorney.

It will be a substantial amount of money, but unfortunately we still have debt...medical bills, etc. I would have no problem paying some of the creditors back if I had too, but of course I would rather not. I do want to do the legal thing though.

Oh, I don't know when I will be getting my first check. It could be after the discharge (which I'm assuming would be better?).

Thanks for any advice.

PS I filed a chapter 7

[rrockinggramma]

was you attorney aware that you had a disablility case pending? I am sure that was dealt with in your filing, if so. Call your attorney.

[genseeker]

Disability benefits are exempt, regardless of the amount, including back payments. I get disability and just got my favorable decision in June. I knew I had a check "on its way" but did not know when to expect it. I was told then it could take 6 months or more, depending on the backlog in your state. I guess I lucked out because my back disability came in the day after we filed. Good thing too, both replacement vehicles needed tires and turned out the transmission in my Explorer was shot. I chose to invest the money in rebuilding the transmission instead of buying a different vehicle.

Anyways, I asked 4 or 5 attys here about my disability before I filed Pro Se. The best way to protect it is open a checking or savings acct and ONLY put your disability money into the account. I was told if I kept any out as cash, then it was fair game for the trustee but if it was in a seperate bank acct, then I oculd easily show it was all exempt funds. I was advised to just use the debit/check card to access the money and not to do cash withdrawls. Plus if it is in a seperate account, then oyu can protect it from creditors as well.