Monday, July 03, 2006

Can Social Security Disability benefits be garnished ?

Yes, social security disability benefits can be garnished. However, garnishment can only be carried out in a few specific scenarios. According to the social security administration, SSI benefits cannot be garnished, while social security disability benefits may only be garnished to enforce child and alimony obligations, pay federal tax and debts owed to the IRS, and pay debts owed to federal agencies.

So, if you owe taxes or IRS penalties, you can have your social security disability benefits garnished. If you have alimony or child support obligations, you can be garnished. If you have a delinquent student loan, your SSD benefits can be garnished.

Creditors, however, are not entitled to garnishment provisions for social security disability benefits, so SSD recipients are protected from credit card companies, finance companies, auto lenders, and other lenders.

Return to the Social Security Disability SSI Benefits Blog

Other Posts

Can you apply for social security disability or ssi if you are working?
How can you win disability if you don't have health insurance and can't get seen by a doctor ?

Application for disability

Social security disability for children


Blogger Denice said...

Just FYI: Federal Student loans that are in default will also cause 15% of SSDI check to be garnished.

11:59 AM  
Blogger Beckie said...

My name is Beckie. I have been on medical disability since February of 09. Because of my age (41) I have to go through Department of Human Services for medical coverage. In other words, public aid. They are responsible for back dating to the date filed for medical and disability. They have not. I have been harassed by phone, and mail for months. I just recieved a threatning phone call from one of the specialists I see about a unpaid bill. I was told in a very nasty manner that if I didn't make good on this bill my SSI will be garnished. I am at a loss for words. It is bad enough being in this situation, but to be beraded and made to feel less than is uncalled for. Is there any hope?

2:18 PM  
Blogger Disability Blogger said...

Hi Beckie, it sounds like you're describing an onset issue. I am a former disability examiner, but I am also a former caseworker who took disabled adult claims for medicaid. The caseworker at social services would usually have no control over how far back your onset date is. That is usually determined by the disability determination services agency in your state (where decisions on social security disability, SSI, and disability-medicaid claims are made). I'm not sure you can do much about this, to be honest. You could possibly speak to the caseworker at human services to see if there is a hearing process to contest your onset date. We don't have that in my state and I only say that since there is the very slight possibility that yours does. Good luck.

6:32 AM  

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