I was severely hurt at home, fell down the basement stairs in 2004 and lost use of my right arm. We had huge bills and finally we filed chapt 7 BK this past June. In 2004 we filed for Social Security Disablity and was denied. Now 3 years later they want the back Social Security they awarded paid in to the plan as a windfall. Can they do this? Please pardon my saying THEY so much. Olelefty

It really all depends on what evidence they had at the time from hospital records, pics that someone took after the accident.; I am sorry but someone has to validate. Was 911 called to assist you after falling because that would be vital evidence of the injury?? Please tell us the whole story so we can answer properly.

Hello ole

Are you saying that social security wants their money? Please explain

What I'm trying to say is, Social Security at first (2005) denied my disability claim. I hired an attorney to help with the SS claim. Meanwhile the medical bills kept mounting until BK was the only answer for us. Social Security is so backlogged that I didn't even get to see a judge until after we filed for chapt 13. Now the BK Trustee wants all the back due Social Security payments paid into the chapt 13. She is calling it a windfall. They are not trying to attach my soon to be monthly payments, just the payments that would have been due to me from the point of the accident until now. Which are paid to reople in a lump sum when a disability case is later decided to have merit

At first you said chapter7 and now you said chapter 13 which one was it? And what does your bankruptcy attorney say? We need all the facts so maybe we can better advise you
How much was your backpay and did you inform your bk attorney that you had filed for social security disability and was a waiting a desecion from ss disability