Can Social Security take any disability pay or back pay when rated at 100% P&T?

[glv1@comcast.net]

I have a friend that is in his 70's and has been recently rated at 80% but all his claims have not finished processing. His wife is on hospice and social security is taking care of the cost. 
He will probability be getting a little over 2 years worth of back pay worth over $60,000 when his is finished. He is on track to be rated at 100% P&T unemployable under chapter 35.
If this is the case his wife would become eligible for health care and prescriptions under champ VA.
He is worried that social security will take his back pay because they have been paying for his wife's care. He is also worried that they will make him pay for her care in the future.
I told him that I would check and see what could happen.
I think that social security can't touch his back pay or his disability pay in the future.
That champ VA would become her secondary insurance to social security for any future health care with no copay.
Her prescriptions will also be taken care of through champ VA with no copay. 
Please advise me if my thoughts are correct and if they are not please advise me what to tell him.

Thank You!!!!!!

[broncovet]

I agree with you.  He sounds like many others, they want something to worry about.  Sometimes this happens because its how we were taught..sometimes  by our parents.   Being a good parent means you care for your kids, not necessarily worry about them, contrary to commonly held beliefs.  For example,   If you were in prison, what good would it do to worry about your kids?  Would that make you a good parent because you worried about your kids while in prison?  I dont think so.   Will Rogers says "Worry is like paying a debt you may never owe."    This is a debt he doesnt owe.  

While Champva is not long term or hospice care insurance, I dont see how social security can "take" your VA compensation.  Its very tough to take Vets compensation, but the IRS probably could if you owed back taxes.  Or, if you owed court ordered child support that can be attached to support your children.

I have learned through many years of experience to Worry about nothing and pray about everything.   Do tell him to wash his hands after shaking someones hand, or handling stuff other humans handled to prevent corona virus.  Thats not worry..its just smart, like looking both ways before you cross the street.  

 

Edited March 15, 2020 by broncovet (see edit history)

[glv1@comcast.net]

29 minutes ago, broncovet said:

I agree with you.  He sounds like many others, they want something to worry about.  Sometimes this happens because its how we were taught..sometimes  by our parents.   Being a good parent means you care for your kids, not necessarily worry about them, contrary to commonly held beliefs.  For example,   If you were in prison, what good would it do to worry about your kids?  Would that make you a good parent because you worried about your kids while in prison?  I dont think so.   Will Rogers says "Worry is like paying a debt you may never owe."    This is a debt he doesnt owe.  

While Champva is not long term or hospice care insurance, I dont see how social security can "take" your VA compensation.  Its very tough to take Vets compensation, but the IRS probably could if you owed back taxes.  Or, if you owed court ordered child support that can be attached to support your children.

I have learned through many years of experience to Worry about nothing and pray about everything.   Do tell him to wash his hands after shaking someones hand, or handling stuff other humans handled to prevent corona virus.  Thats not worry..its just smart, like looking both ways before you cross the street.  

 

Thank you for your reply, I am at 100% P&T unemployable, he used to work with my dad when he was a police officer. He has always been a family friend .
They do not have any IRS issues to speak of and there are no court ordered judgments against him or his wife. 
You say that you don't see how they can take his VA compensation but can they go after the back pay?
Also would Champ VA be a secondary insurance to social security for any future health care with no copay?

[Carl the Engineer]

The remaining spouse when one enters Medicaid, which occurs after Medicare runs it's course, can have $58,000.00 in assets and a maximum of $2000.00 dollars in the bank.  Can have a home and one car.  This is what Social Services will tell you, I just went through this if I was to get Medicaid (home healthcare for my wife).  We decided not to get Medicaid's assistance as my wife is receiving a $37,000.00 judgement for a medical lawsuit, and they would use that until it was exhausted before paying anything towards my wife's healthcare.  This has nothing to do with my wife's Disability Medicare.

You need to be careful as Medicare turns in Medicaid when it meets certain thresholds.  

When you say the spouse is in hospice, it would matter greatly on the expected time-frame.  The shorter, I would not worry too much.  Longer, and I would find a family planning lawyer.

I recently spent $300.00 for one 20 minute meeting with a lawyer and I learned one new word that saved my a whole bunch of money while planing my and my wife's estate.  I got advice from a couple of friends and associates that was not even close to being correct and would have cost me money.

Everyone's situation is different and you need to get the correct information to make the correct decision.

Don't take my advice,

Hamslice

 

 

[Carl the Engineer]

Length of Time Covered by Medicare

Medicare generally covers a total of 210 days of hospice care, broken into two 90-day periods of benefits, followed by a 30-day period. Each of the periods may be extended, but only when a doctor recertifies that the patient's condition remains terminal. In some rare circumstances, coverage may be extended indefinitely.

[ruby]

I believe your thoughts are correct.   Unless his wife uses all her benefits, then if she Needs assisted living or nursing home, income becomes an issue.

[broncovet]

They cant "take" the retro in my laypersons opinion.  Im not an attorney, so the poster should consult one.  VA benefits are "disability compensation", they are not "earned income".  

VA's own website, Vantage point, says VA compensation is "not income", and explains it here:

https://www.blogs.va.gov/VAntage/34844/compensation-101-what-exactly-is-va-compensation/

My tax person says "Dont put your VA disability income on your tax return".  It confuses IRS as its not taxable.  Its not "earned income", but rather compensation for our injuries suffered in service.  The retro payment suggests that the in service injuries "reduced his earning capacity", and this is payment for his reduced earning capacity BEFORE his wife was put in the nursing home.  

But, more specifically read this to see if the criteria applys to you:

https://myarmybenefits.us.army.mil/Benefit-Library/Federal-Benefits/Federal-Taxes-on-Veterans-Disability-or-Military-Retirement-Pensions?serv=122

 

[vetquest]

I am receiving VA disability and Social Security concurrently.  Your friend is in a special situation though in that SS is paying for his wife's medical care.  I would take hamslice's advice and see about consulting a family planning lawyer for one visit.  It is always better to have professional advice when your situation is unique.

[broncovet]

I will reiterate what Vetquest and others have already said:  For a definate answer, consult an attorney.   We are not attorneys.  For me, however, I am confident enough that I would not bother.  But, if consulting an attorney gives you peace of mind, then by all means consult an attorney.  

[Buck52]

The only thing about consulting an attorney  is the cost mostly ,because people that are barley getting by as it is can't afford one.

she should get some fairly close answers here (jmo)

Edited March 15, 2020 by Buck52 (see edit history)