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Can Social Security Benefits Be Garnished?

Understanding Garnishment of Social Security Benefits

The garnishment of Social Security benefits is a concern for many who rely on these benefits as a primary source of income. While Social Security benefits are generally protected from most creditors, there are specific situations where garnishment is allowed. Knowing when Social Security benefits can be garnished and what protections exist can help beneficiaries navigate this complex issue.

General Protections Against Garnishment of Social Security Benefits

Under federal law, Social Security benefits are mostly safeguarded from garnishment by private creditors, such as credit card companies or medical debt collectors. However, there are important exceptions for certain types of debts, particularly those owed to the federal government, child support, and alimony. Here’s a closer look at when the garnishment of Social Security benefits is permitted:

When Garnishment of Social Security Benefits is Allowed

1. Federal Debts

  • Unpaid Federal Taxes: The IRS can garnish Social Security benefits to collect overdue federal taxes. Through the Federal Payment Levy Program (FPLP), the IRS is permitted to withhold up to 15% of an individual’s monthly Social Security benefits for tax debt.
  • Federal Student Loans: If you default on federal student loans, your Social Security benefits can be garnished to recover the debt. Up to 15% of your benefits can be garnished for federal student loan debt, but the law protects you from dropping below $750 in monthly benefits.

2. Child Support and Alimony

  • Social Security benefits can be garnished to meet obligations for child support and alimony. When back payments are owed, state agencies may garnish a portion of your Social Security benefits. Depending on state laws and specific court orders, up to 65% of benefits may be garnished for unpaid child support.

3. Victim Restitution

  • If ordered by a court to pay restitution to a crime victim, Social Security benefits can be garnished to fulfill this debt. The process is similar to garnishments for child support and alimony, with the court determining the amount to be withheld.

4. Non-Tax Federal Debts

  • Social Security benefits may also be garnished for other federal debts, such as certain mortgage loans backed by federal agencies. In these cases, the federal agency can request garnishment following specific regulations.

Special Protections for SSDI and SSI Recipients

While the garnishment of Social Security benefits is possible under certain circumstances, rules vary depending on whether you receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI):

  • SSDI Benefits: SSDI benefits are subject to garnishment for the federal debts and obligations mentioned above, including taxes, child support, and alimony.
  • SSI Benefits: SSI benefits have additional protections and are generally exempt from garnishment for any type of debt, including federal debts and child support. These protections are due to the low-income purpose of SSI, which is intended to assist individuals with basic needs.

Bank Account Garnishment and Social Security Benefits

Even after Social Security benefits are deposited into a bank account, they still retain some protection against garnishment. Federal law requires banks to protect up to two months’ worth of Social Security benefits from garnishment. However, if the account contains other funds, creditors may have access to any amount beyond the protected threshold.

Steps to Take If Facing Garnishment of Social Security Benefits

If you are concerned about potential garnishment of Social Security benefits, consider these steps to safeguard your income:

  1. Understand Your Rights: Familiarize yourself with the rules regarding garnishment of Social Security benefits, particularly if you have federal debt or owe child support.
  2. Consult with an Attorney: An attorney can help you navigate the process, especially if you’re facing garnishment for debts you believe are in error.
  3. Review Your Accounts: If you have other funds in your bank account, keep in mind that these may not be protected, so segregating funds can help ensure that Social Security deposits are safeguarded.

The Importance of Legal Assistance

Navigating the garnishment of Social Security benefits can be complex, and having legal support can make a significant difference. If you need guidance or assistance, SocialSecurityDisability.com offers a free attorney-matching service to connect you with qualified Social Security disability attorneys. An attorney can help you understand your rights and take the necessary steps to protect your income from garnishment.

What You’ve Learned

While most Social Security benefits are protected from garnishment, exceptions exist for federal debts, child support, and alimony. Understanding the specifics around the garnishment of Social Security benefits can help you take steps to protect your income and manage your financial situation. Consulting with an attorney can provide valuable guidance and help ensure that your rights are upheld.

For more information on Social Security Disability and to find legal assistance, visit SocialSecurityDisability.com.

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