The Short Answer: Yes, depending on the situation, your Social Security Disability Insurance (“SSDI”) benefit payment can be garnished.
While SSDI is usually protected from most situations in which a creditor could garnish your income, there are some unique circumstances that you need to know about:
If You Owe Child Support Or Alimony Payments
Child support is a court-ordered payment that you must make to a child’s living expenses as a part of your parental responsibilities in the case of separation or divorce.
Alimony payments, also known as spousal maintenance, are the spousal responsibilities a party must pay to the lower-earning party to maintain the status quo of their corresponding quality of life in the event of a divorce or separation.
SSDI payments can be garnished to fulfill these obligations, as alimony and child support are legal responsibilities that the party must pay. According to the federal Consumer Credit Protection Act, SSDI benefits can be garnished by 50-65% (depending on the situation) for child support or alimony payments.
If You Owe Federal Taxes, Your SSDI Can Be Garnished
Owing federal taxes can cause your SSDI to be garnished.
Due to the Federal Payment Levy Program, up to 15% of your Social Security Disability Insurance payments can be garnished to pay federal back taxes. Before your levy begins, you will be notified by the IRS and receive a Notice of Your Right to a Hearing. This will allow you to resolve the federal taxes you may owe before the levy begins.
While 15% of your SSDI benefits can be garnished to fulfill your tax obligations, your Social Security payments must stay above a threshold that allows you to continue paying for living expenses.
If You Default On Your Federal Student Loans, Your SSDI Can Be Garnished
In most situations, failure to make payments on your federal student loans after 270 days can result in default status. In this case, the federal government can garnish up to 15% of your SSDI payments to fulfill your student loan payments under the Treasury Offset Program (TOP).
Under this program, the federal government can garnish (offset) your student loan payments without a court order. However, you will receive ample notice before this process begins. Also, if this process causes significant hardship on your quality of life, you can request a reduction in the garnishment or suspension in the garnishment.
Key Terms In This Blog:
Child Support – Money a parent must pay to help care for their child when they don’t live together anymore. It helps cover things like food, clothing, and school supplies.
Alimony Payments – Money that one person has to pay their ex-partner after a divorce to help them cover living expenses. It’s usually for the lower-earning spouse.
Legal Responsibilities – Things the law says a person must do, like paying child support or following a court order.
Federal Payment Levy Program – A program that lets the government take money from certain payments, like Social Security, if you owe taxes. They use this money to pay back your tax debt.
Notice of Your Right to a Hearing – A letter that tells you the government plans to take money from you (like garnishing your benefits) and that you can ask for a meeting (hearing) to explain why they shouldn’t.
Treasury Offset Program (TOP) – A government program that takes money from federal payments, like Social Security, to pay off debts you owe to the government, like unpaid student loans or taxes.
Michael Armstrong Law Is Your Partner In SSDI Appeals
Our team of compassionate and diligent SSDI attorneys and representatives have spent over 30 years serving the New Mexico community. We understand that the process for obtaining your Social Security benefits can be lengthy and complex. Contact our team below and we can help you appeal your recently denied SSDI claim.