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Chapter 13 Medical Expenses

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    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.

    #2
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      #3
      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.
      Filed CH 13 September 17, 2007
      Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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        #4
        Originally posted by coopersmydog View Post
        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.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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