QUESTION
Is she liable for his medical debt and can she be sued for her SS benefits?
Asked on Apr 11th, 2013 on Bankruptcy - California
More details to this question:
I'm not sure if my question went through the first time, so I'll list it again. I have a friend who's husband passed away recently after a long illness. He was retired and receiving Medicare at the time. Now, his wife is receiving his SS benefits and all the bills that Medicare didn't pay are piling up. She is unable to pay them. Is there any recourse for her? This woman needs help.
2 ANSWERS
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
Social Security benefits are exempt. Under state law, one spouse is liable for the medical care of the other. Under federal law, each spouse has the right to obtain credit in his/her own name, without the involvement of the other. If the facts show that the husband obtained credit on his own, she would most likely not be liable. Which happened is a factual question. Her liability also depends on why Medicare did not pay the bills. If the bills represent the patient portion, the husband is liable. If the bills were disallowed because not medically necessary, or they were not timely submitted, the patient (or the patient's spouse) may not be liable for them.
Answered on Apr 15th, 2013 at 8:48 PM
She should consider Bankruptcy.
Answered on Apr 14th, 2013 at 8:24 PM