Can a Collection Agency or Business Garnish My Social Security Disability Check?
Social Security does not allow garnishment of disability benefits by creditors. Any credit card company, business, or individual who has won a judgment against you will never garnish your Social Security Disability check.
Social Security will allow garnishment of your Social Security Disability benefits for current and past due child support or alimony. And the Internal Revenue Service is allowed to garnish Social Security Disability and retirement benefits for delinquent taxes.
Also, in addition to the IRS, other federal agencies may be allowed to garnish Social Security Disability benefits. For instance, if an individual owes student loans that were federally guaranteed their Social Security Disability benefit can be garnished. In theory, any money owed to the federal government can conceivably be garnished from Social Security retirement or disability checks.
If you receive Supplemental Security Income (SSI) disability benefits, however, no creditor can garnish your benefit, not even the Federal Government. Since SSI is a need based disability benefit, it cannot be garnished.
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
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