Chapter 13 Medical Expenses

For the past two years we've had pretty high costs for medical care. Starting in 2009 I opened a HSA and will contribute $3000 to it. There is also a $167/month IRS standard allowance for a family of 3, so that is $2004.

In 2008 we incurred $7,254 in out of pocket expenses and $910 in medical mileage expense. We also have about $1300 in prescription expenses.

Two questions. Do I get to claim the difference of my actual costs and the expenses I already claimed for HSA and IRS standards? That would be about $3550 or another $295/month.

Secondly, do I get to claim the mileage expense for another $85 or so.

Our 2007 costs were pretty similar. Not sure how this kind of thing is handled.

Also, would a printout from my insurance company showing my out-of-pocket obligations be sufficient for documenting these expenses. I have the same thing from my prescription insurance.

Bump

We had a lot higher medical expenses in the years prior to filing, coming from an ongoing chronic condition of my husbands, and our trustee allowed us to include the higher amount into our expenses after we submitted paperwork verifying the medical condition was on-going and the costs. Your attorney might have to fight a little harder to get this included, but we were able to claim $350/month in medical expenses in our budget.

Do I get to claim the difference of my actual costs and the expenses I already claimed for HSA and IRS standards? That would be about $3550 or another $295/month. On the Schedules you can claim your total actual medical expenses regardless of where the money came from to pay for them. However, if that amount is significantly over the average in your area, I would have iron-clad documentation proving the medical expenses to show to your trustee if it comes to that.

My husband and I both have several chronic illnesses that require a lot of medical follow-up and high-cost medications. Our medical expenses consistently averaged out to $500/month for more than a year before we filed and that's what we indicated on Schedule J when we filed. Our trustee questioned it during our 341, but when we explained our circumstances and that we had receipts and bills if he wanted to see them, he was satisfied and let it stand.