Social Security disability benefits are available to individuals who are unable to work due to disability. The process of obtaining Social Security disability benefits can be a long and difficult one, so the last thing recipients want is to have their benefits taken away. Unfortunately, however, Social Security disability benefits may be subject to garnishment. In this article, we will examine the types of Social Security disability benefits that may be subject to wage garnishment.
What Types of Benefits May Be Garnished?
As noted above, some types of Social Security disability benefits can be garnished. If a recipient has outstanding debts that are turned over to collection agencies or debt collectors, his or her benefits could be at risk.
Social Security Disability Insurance
Social Security Disability Insurance, also called SSDI, is a program that provides financial assistance to disabled people who are unable to work. People who receive benefits under SSDI must have paid Social Security taxes during their working years. The amount of SSDI a recipient receives is based on earned work credits. SSDI benefits may not be garnished by creditors, including mortgage lenders, credit card companies, and auto financing companies. Unfortunately, however, SSDI benefits can be garnished by the federal government. Typically, the federal government will seize an individual’s SSDI benefits if he or she is delinquent on child support, taxes, alimony, or federal student loans. SSDI benefits may also be seized to pay for certain types of court-ordered restitution. However, a bank or financial institution must investigate and conduct a thorough review prior to freezing SSDI benefits
Supplemental Security Income
Supplemental Security Income, also called SSI, is a program that provides monetary assistance to people with disabilities. As opposed to SSDI, SSI does not have a work history requirement. Rather, to qualify for SSI benefits, an individual must have limited income or assets. Fortunately, SSI benefits cannot be garnished by the federal government or creditors to satisfy delinquent debts
Additional Protections for Social Security Disability Recipients
Although some types of Social Security benefits may be subject to garnishment, additional protections may be available to recipients depending on the jurisdiction. No two cases are the same, so anyone who is at risk for Social Security disability benefits garnishment should contact a Social Security disability benefits attorney for guidance.
Contact Our El Paso SSDI and SSI Attorney
If you need assistance with an SSDI or SSI issue in Texas, our Texas SSDI and SSI attorney is here to help. When you choose attorney Jon Sipes to assist with your SSDI or SSI issue, he will do everything legally possible to ensure a successful resolution to your Social Security disability matter. Jon Sipes regularly helps disabled individuals with a litany of SSDI and SSI matters. So, if you need SSDI or SSI assistance, contact us today to schedule a consultation.