Central District Consumer Bankruptcy Attorney's Association

There is nothing in the code that I can find which defines the
period in which the "average" of the health care expenses must be
incurred. I take it to mean average on an ongoing basis. There is
nothing which limits it to, or even suggest it should be based on
the last 6 months.
That having been said, short term medical care costs (i.e. those
which are not for a chronic, continuing condition) would most
certainly need to be averaged over a period of time, which I would
say should be at least 12 months, but I'm sure the OUST would say 60.
The only guidance the OUST gives us is that it "includes only
unreimbursed, out of pocket expenses, exceeding the National
Standard amounts provided for at line 19B, including items
traditionally reimbursable through a flexible spending... medical
savings plan. For example: deductibles, medications, therapy, co-pays."
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
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I have a client that got into an accident in Feb. and shattered her teeth.. There was some emergency dental care in February but the most expensive parts required surgery could not be done until further healing. A $5,7000 payment for the mostexpensivesurgery was paidin August. The amount for the surgery was paid in full in August. However, because healing is required for the next steps, the main part of the surgery is in November.
The means test covers the March-August period.Form 22A only states "medical expenses" required and does not mention when the injury occurred.I need the expenses paid for in August to pass the means test. Can I divide that $5,700 by six?
If not can I divide all the expensesrelated to the accidentby 12? The result of this calculation requires an aggressive means test and I prefer to use the initial calculation if possible.
TIA
Sina


I have a client that got into an accident in Feb. and shattered her teeth. The dental surgery required to fix it is not covered by her insurance. There was some emergency dental care in February but the most expensive parts required surgery could not be done until further healing. A $5,7000 payment for the most expensive surgery was paid in August. The amount for the surgery was paid in full in August. However, because healing is required for the next steps, the main part of the surgery is in November.

The means test covers the March-August period. Form 22A only states "medical expenses" required and does not mention when the injury occurred. I need the expenses paid for in August to pass the means test. Can I divide that $5,700 by six?

If not can I divide all the expenses related to the accident by 12? The result of this calculation requires an aggressive means test and I prefer to use the initial calculation if possible.


TIA

Sina

The post was migrated from Yahoo.