CAN DISABILITY BENEFITS BE GARNISHED ?
DISABILITY 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) is based on your work history. When you pay your employment taxes, you pay into SSA’s insurance program. Find out more about how many quarters of coverage you need to qualify for benefits under the SSD insurance program.
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 certain standard of financial need. This standard typically mirrors the welfare rules in your state.
WHY ARE RESOURCES IMPORTANT IN THE SSI PROGRAM?
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.
WHY CAN DISABILITY BENEFITS CAN BE GARNISHED 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 more about children’s SSI benefits.
WHAT ARE YOUR OPTIONS FOR PAYING CHILD SUPPORT WHEN YOU ARE ON DISABILITY BENEFITS?
If you are having trouble paying your child support while on disability, then there are a few options available to you. First, you can attempt to modify your child support order. You should attempt to modify your child support order prior to an award of disability benefits.
Many people think that 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 garnish your benefits to support your children. This may leave you with very little money to live on.
It is wise to arrange 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 presiding 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 are able to communicate well 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 are able to rely on a certain amount of Social Security benefits to support yourself.
OUR LAW FIRM HAS THE EXPERIENCE TO WIN YOUR DISABILITY BENEFITS
At our law firm, we have 30 years of experience helping clients with severe medical conditions 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 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 more about Utah SSD benefits. Nevada SSD benefits information can be found here. 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 back due payments. Additionally, the SSA caps the attorney fee to whatever amount is less between $7200 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 disability benefits for our clients. Put our legal experience to work for you.
THE LAWYERS & STAFF AT OUR 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. We don’t do that.
Our 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 Social Security 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 include information about our attorneys on our website. 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. Find out more about the lawyers at our law firm on our About Us page. Contact Cannon Disability Law today and hire us to be your legal team.