CAN DISABILITY BENEFITS BE GARNISHED ?
SSDI BENEFITS ARE SUBJECT TO GARNISHMENT FOR CHILD SUPPORT
Whether or not your benefits payments can be garnished for child support payments depends on what kind of Social Security benefits you receive. Social Security Disability Insurance (SSDI) benefits are based on your work history. When you pay your taxes, you pay into SSA’s insurance program. Find out how about your date last insured for disability benefits. Find out how to earn quarters of coverage to qualify for disability benefits.
Supplemental Security Income (SSI), on the other hand, is a benefit based on financial need, not your work history. Therefore, in order to qualify for SSI benefits, you must have a severe medical condition and meet a set of financial rules. This standard typically mirrors the welfare rules in your state. SSI benefits are not subject to garnishment.
Additionally, SSDI benefits are also subject to garnishment if you owe the IRS tax money. The IRS can take up to 15 percent of your monthly SSDI benefit to pay your tax bill.
If you believe your SSDI benefits are being garnished in error, then the SSA can’t help you. You’ll have to take it up with the government body that says you owe the money. For example, call the IRS, or the state court overseeing your child support. They will have to take care of it.
ARE SSI BENEFITS SUBJECT TO GARNISHMENT?
The value of your resources is one of the factors that determines whether you are eligible for SSI benefits. However, not all resources count for SSI. If the value of your resources is over the limit at the beginning of the month, then you cannot receive SSI for that month.
If you decide to sell the excess resources for what they are worth, then you may receive SSI beginning the month after you sell the excess resources. You may even be able to receive benefits while you try to sell the excess resources in certain situations.
SSI benefits are not subject to garnishment, because they are not wage replacement income. In fact, federal law shields SSI payments from garnishment or levy for any debt, including child support. SSI remain protected even when you deposit them into your personal bank account, as long as they can be traced back to SSI benefit payments.
WHY ARE SSDI BENEFITS SUBJECT TO GARNISHMENT FOR CHILD SUPPORT PAYMENTS?
Because SSD disability payments are based upon your work history and are replacing your earnings, they can be used to pay off past due or current child support payments. Often, it can take up to two years to win benefits. Therefore, a past due amount of SSD payments may be owed to you from the SSA.
This past due benefit, which is a lump sum of SSD monies, can also be garnished to pay child support. Typically, however, the state does not garnish the entire lump sum. Instead, the state garnishes a percentage of the back due benefit to pay toward past due child support.
Alternatively, SSI benefits, cannot be garnished to go toward child support payments. The reason is because the benefit is considered the minimum form of financial support for the person on benefits. Find out about children’s SSI benefits.
ARE THERE OTHER OPTIONS BESIDES GARNISHMENT TO PAY CHILD SUPPORT WHEN YOU ARE ON SSD BENEFITS?
If you are having trouble paying your child support while on SSD benefits, then garnishment is not the only option. There are a few other options. First, you can attempt to modify your child support order. You should attempt to modify your child support order prior to an award of SSD benefits.
Many people think they can avoid paying child support and still receive their SSD benefits. This is not correct. In fact, your obligation to support your children comes first. Therefore, the state will start a garnishment against your benefits to support your children. This may leave you with very little money to live on.
It is wise to modify your child support order prior to your Social Security hearing. Consider how you will be able to afford to pay your bills on a monthly basis, based upon your SSD benefit. To do this, you will need to use the court system that is over your child support case, which is usually the state in which your child lives. At court, you’ll need to argue that your disability has created increased financial hardship. However, you are willing to pay your child support from your SSD payments.
If you can talk with your child’s other parent, then you might be able to negotiate a new child support agreement on your own. Either way, the wise choice is to arrange to pay your child support. This way you support your children and you can also rely on SSD benefits to support yourself.
OUR LAW FIRM HAS THE EXPERIENCE TO WIN YOUR SSD BENEFITS
At our law firm, we have 30 years of experience helping clients win benefits. Don’t go to court without hiring the best Social Security attorney. You need to hire a firm that is on your side and can help you win the SSD benefits you deserve. We know about garnishment of SSD benefits.
We offer a free review of your benefits. Also, we can often tell you over the phone if we can help you win your benefits. We represent clients in Utah. Find out about Utah SSD benefits. Nevada SSD benefits information is available. Learn about Idaho SSD benefit information. Also, we can help you file your application for benefits on the Social Security’s website.
You need to hire an attorney without worrying about whether you can pay attorney fees. At our law firm, if you do not win benefits, then you do not owe an attorney fee. Therefore, hiring us to represent you creates no financial risk for you.
When we win benefits, the attorney fee comes from your past due benefits. Additionally, the SSA caps the attorney fee to whatever amount is less between $9200 or 25% of the back due benefit. Additionally, you only pay an attorney fee if you win your benefits. In the past 30 years, we have won over $100 million in ongoing and past due benefits for our clients. Put our legal experience to work for you.
THE LAWYERS AT OUR SSD LAW FIRM
There are many law firms that claim they practice Social Security law. However, most of those firms do other types of cases as well. For example, some firms practice personal injury or Worker’s Compensation law. Additionally, some firms handle Social Security cases just a few times a year. They may not even know that SSI payments are not subject to garnishment.
Unlike those firms, our law firm only takes Social Security cases. Our lawyers are in court every week before Social Security judges. We don’t practice any other kind of law. Our firm believes it is important to focus on SSDI and SSI cases in order to be the best at what we do.
It is hard to trust your future to a lawyer. We understand. That is why we give you information about our attorneys. Find out about our lawyers and staff on our About Us page. Dianna Cannon has been a Social Security lawyer for over 30 years. She has written a book about Social Security law. Brett Bunkall and Andria Summers have many years of combined legal experience. Our whole staff works hard for our clients every day.
We focus exclusively on SSD law. If you have questions about garnishment, then call us. Contact us today. Hire us to be your legal team.
