What is the Application Process for Social Security Disability and SSI?
How do you Win Benefits under Social Security Disability or SSI?
If I am determined disabled, how far back will Social Security pay benefits?
How do you prove your disability case if you have a mental condition?
What Can I Do to Improve My Chances of Winning Disability Benefits
Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits
How to File for Disability - Tips for Filing
If You Get Approved For SSDI Will You Also Get Medicare?
How much does a Social Security disability attorney get paid?
Social Security Disability SSI Criteria and the Evaluation Process
How long does it take to be approved for SSI or Social Security disability?
What do you Need to Prove to Qualify for Disability Benefits?
Social Security Disability SSI and Fibromyalgia
Social Security Disability SSI and Degenerative Disc Disease
Can I Qualify For Disability and Receive Benefits based on Depression?
Answers to questions about SSD and SSI disability
What Disabilities Qualify for SSI and Social Security Disability Benefits?
Social Security Disability Status
Social Security Disability Tips — how a claim gets worked on
Social Security Disability, SSI Disability - Terms, Definitions, Concepts
Can Your Social Security Disability or SSI Benefits Be Reduced or Garnished?
How to prove you are disabled
and win disability benefits
Your Social Security disability or SSI benefits may be reduced for very specific reasons depending upon the disability program you are entitled to.
Let’s look at some reasons your Social Security or SSI disability benefits can be reduced. Both disability programs allow for reduced disability benefits to be paid if there is an overpayment of benefits. This is the only reason for benefit reduction common to both Social Security disability and SSI disability.
If you are receiving Social Security disability, there are other reasons your disability benefits may be reduced. Social Security allows SSDI benefits to be garnished for child support (both present and arrears), a valid court order of victim restitution, alimony, money owed to the IRS, and other unpaid government loans or debts. However, Social Security does not allow creditors to garnish your Social Security disability benefits.
In 1991, the federal government amended the garnishment guidelines to preclude levying or garnishment of SSI disability benefits. SSI is a need based disability benefit so there can be no levy or garnishment against it.
While SSI cannot be garnished for any of the above-mentioned reasons, it can be reduced for living arrangement changes.
The SSI disability program considers a beneficiary’s living arrangement when determining their monthly disability benefit amount. If the beneficiary is able to pay their fair share of the household bills that pertain to the home in which they live, they may receive the full SSI disability monthly benefit amount. However, if their situation changes so that they are not longer paying their fair share of the monthly bills, their SSI disability benefits will be reduced.
Fair share of household expenses (rent, mortgage, utilities) means that the beneficiary is paying the same amount of the expenses as other members of the household. Also, an SSI disability beneficiary may receive reduced disability benefits if they are receiving inancial help from an outside source (i.e. parents, family members, church, friends, etc.).
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Topics and Questions
SSD and SSI are Federal Programs
The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Recent approval and denial statistics for various states can be viewed here:
Social Security Disability, SSI Approval and Denial Statistics by state
Special Section: Disability Lawyers and unnecessary claim denials