CAN SSDI BE GARNISHED?
Can Disability Be Garnished in Michigan and Ohio?
If you’re applying for Social Security Disability benefits because you can’t work due to bad health, every dollar you receive is precious.
Could any financial relief you win be seized for past debts or obligations? Can Social Security Disability be garnished?
You can take some solace: Your Social Security Disability benefits are protected from most debt collectors.
There are exceptions, however, which we’ll cover on this page.
First off, you should know that Social Security Disability Insurance (SSDI) benefits are well worth the effort when your income stops but living expenses keep piling up.
They offer sorely needed economic assistance, so you have the space to focus on managing your health and caring for your family.
Benefits also give you access to Medicare or Medicaid that can help cover the costs of your treatments and medications.
The Ohio and Michigan disability lawyers at Levine Benjamin Law Firm help you get access to these benefits. We’ve helped thousands of people win Social Security Disability and deal with this system.
From applying to appealing, we help you every step of the way.
What would you like to do?
How Much SSDI Can Be Garnished?
How much of your Social Security Disability benefits can be garnished depends on the type of debt or obligation you owe, court orders that dictate what you must pay, and how much in benefits you receive each month.
Some examples of debts subject to garnished benefits include:
Child Support: If you’re paying child support, you can face garnishment of your Social Security Disability benefits. Courts understand that disability benefits don’t equate to the income you would make while working. If you can’t work, it’s possible to work with the courts to lower your child support payments while on disability.
Alimony: If you’ve fallen behind on court-ordered alimony following a divorce, courts can garnish your Social Security Disability benefits to help make up the difference.
In cases of child support and alimony, federal law allows up to 50 percent of your benefits to be garnished if you’re supporting a child or spouse other than those involved in the court order. If not, you could pay up to 60 percent.
Federal Taxes: The Internal Revenue Service (IRS) works with Social Security to garnish your disability benefits if you owe back taxes. Generally, the IRS takes 15 percent of your Social Security Disability benefits each month until your debt is paid.
Other Federal Debts: If you owe money on student loans, or you borrowed money through a federal housing loan, your Social Security Disability benefits are vulnerable to garnishment.
If the type of benefits you receive is Supplemental Security Income (SSI), however, you don’t have to worry. SSI is protected and not subject to garnishment.
Wondering whether you qualify for disability benefits and what the process involves? Talk to the disability attorneys at Levine Benjamin for a free evaluation.
What Protections Do I Have from Garnishment of Disability Benefits?
Not every lender or creditor out there can go after your Social Security Disability benefits.
There are laws and regulations in place to keep Social Security Disability safe for its intended use: financially stabilizing your life while you address a major health crisis.
Private lenders, such as credit card companies, cannot garnish your benefits. Neither can your car loan company or hospitals looking to collect medical bills.
They can, however, garnish your savings or other income sources outside your SSDI benefits.
The ins and outs of disability law are complicated.
The Michigan Social Security Disability lawyers at Levine Benjamin help people all over Michigan from our office in the Detroit area.
From Flint, Lansing and Grand Rapids to Toledo and across Michigan and Ohio, work with us to secure crucial benefits when medical issues leave you unable to work.
Don’t let worry keep you from starting on your way to a more stable, secure place in life.