Will bk trustee want proof of disability/unable to work at 341?

[kellysmum]

My husband and I are filing jointly. Our 341 is Monday. I don't work due to having extreme bipolar disorder. I have a doctor's note to this effect and that I absolutely cannot work. I do not qualify for disability as my husband's income is slightly over the state limit to receive any social security disability benefits. Will the trustee ask for proof of this inability to work?

[ValleYum]

My husband and I are filing jointly. Our 341 is Monday. I don't work due to having extreme bipolar disorder. I have a doctor's note to this effect and that I absolutely cannot work. I do not qualify for disability as my husband's income is slightly over the state limit to receive any social security disability benefits. Will the trustee ask for proof of this inability to work?

Having the note with you couldn't hurt - do NOT offer it unless you are grilled about not being employed - "Yes, sir/ma'am" and No, sir/ma'am" are the best answers!! I don't think the Trustee can MAKE you work.

Regarding your not being eligible for disability due to income you should know that there are 2 different Social Security programs for disability - one is income-based the other isn't.

SSI - Supplemental Security Income - which offers disability income but is also BOTH income and asset based. The monthly payment is need-based and varies in each state up to a federal maximum limit. It also makes *most* of those who are on it eligible for Medicaid. More info here: http://www.socialsecurity.gov/ssi/te...anding-ssi.htm MY PERSONAL GRIPE ABOUT ONE ASPECT OF THIS PARTICULAR PROGRAM: This program does not require you to have ever paid into the the Social Security system. It simply requires that you be a U.S. citizen or national, or in one of certain categories of aliens and meet the disability standards.


The other disability program administered by the Social Security Administration is SSD(I) - Social Security Disability (Insurance). There are no income or asset limits but you must have worked and paid Social Security taxes to become insured for benefits. You must meet the disability standards set by the SSA. This monthly disability benefit amount is based on the Social Security earnings record of the insured worker. There is a time limit to file for these benefits based on the last dates of your employment - don't delay in filing!! You are automatically eligible for Medicare after being on SSD(I) for 2 years. More info here: http://www.socialsecurity.gov/pgm/disability.htm

(To anyone reading this response: This is how I personally understand the Social Security Administration's various disability benefits to function - PLEASE make sure to check with the Social Security Administration for details about your possible benefit(s) should you become disabled!!)

I just wanted to tell you the above about the different SS Disability programs so that you can really make sure you aren't qualified since the one program has no earnings/asset caps at all.

Good luck on Monday!!

[LadyInTheRed]

I don't think the Trustee can MAKE you work.

I don't think so either. I was never asked why my husband had no income. All that is relevant is your income in the 6 months before filing and what your income is expected to be in the future based on your situtation on the date you filed.

[tedbell]

My wife quit her job (non-professional, service industry work) six months before we filed to get us under the median and it never came up at our 341.

[Pizza]

Will the trustee ask for proof of this inability to work?

Not unless you quit your job right before filing, for no reason other than to dip below the median, and it could be proven. Lots of people wait until after BK to look for work. Per my attorney, waiting two months from the filing date was advisable to totally be on the safe side.