[CLBS] Are state disability benefits included in means test

[Bart Green]

Holly, 
My reading of the statute, 11 U.S.C 101(10A), is that the only things that are excluded in the means test for purposes of calculating "current monthly income" are Social Security Benefits and now veteran's disability. benefits. If you get down in the weeds a little further it excludes payments to victims of war crimes or crimes against humanity, payments to victims of international and domestic terrorism. The veterans' benefits include any monthly compensation, annuity or allowance paid in connection with disability, combat-related injury or disability, or death of a member of the uniformed services. So, if your client were a member of the guard and were deemed to be ostensibly a state employee and received disability benefits from the state treasury as a result of one the of the enumerated categories above then you would likely have an argument that it should be excluded. Other than that I think that state disability benefits generally, that are not military-service connected, would be included in "current monthly income." 
Sincerely, 
Bart Green