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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Do you count Social Security and VA Disability in your income

Resolved Question:

Do you count Social Security and VA Disability in your income for filing bankruptsy?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
For Schedule I, income, you do list these down as monthly income when working your monthly budget.
For the Means test calculation, you list them down as well. However, social security and other income that fall under the Social Security Act does not count as income for the means testing.
Disability, unless derived specifically under the Social Security Act, is income for the means test however.
Terry L. and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
I guess my problem is I don't understand the answer when you say count it in the means test calculation, but not as income for the means testing? I am using the means calculation to see if we qualify for Chapter 7? I have normal social security (not disability) and then I have another income from a VA disability. Can you clarify? Thank you.
Expert:  Terry L. replied 7 years ago.
Social security doesn't count towards the means test.
Disability usually does, unless it is awarded under the social security act., then if so, it would not count.