CAN CREDITORS SEIZE YOUR SOCIAL SECURITY CHECKS?

Can Creditors Seize Your Social Security Disability Benefits?

 

Generally speaking, the law protects your Social Security benefits from garnishment by creditors.  There are exceptions, however.  The law does not protect you from the federal government itself.  If you default on a federally guaranteed loan, such as a student loan, your Social Security disability benefits may be garnished to pay for the delinquent debt.  

 Your benefits can also be garnished to pay for child support or past due alimony.  However, you must have at least $750 per month left after any garnishment.  

 It's a different story if you owe federal income tax.  The government may seize all of your money to satisfy a tax lien.

 If you receive Supplemental Security Income (SSI), these benefits are totally exempt from garnishment by anyone, including the government.

 Just because your Social Security check is not subject to garnishment doesn't mean that creditors won't try to seize your money.  If they get their hands on it, you probably won't get it back, even if it was taken illegally.  So, take some precautions now.

 The best thing to do is put all of your Social Security income into a separate bank account and put no other money into that account--not even one cent.  That way, it is easy to prove that all of the money in the account came from Social Security.  This makes it much, much easier to defend against garnishments and seizures.  Never mix Social Security money in the same bank account with any other income or funds.

 If you think that a creditor may try to seize or garnish your bank account, notify an officer of the bank (not a teller, an officer) that all of the money in your account is Social Security money and that it is exempt from garnishment.  Try to do this before the garnishment is attempted.  That way, the bank is aware of the protection (hopefully) and will not allow your money to be frozen or seized in the first place.   

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THE FORSYTHE FIRM

Social Security Justice

(256) 799-0297

 SOCIAL SECURITY JUSTICE WEBSITE

 

 

 

 

 

YOUR ODDS RISE OR FALL 46 PERCENT BASED ON THE JUDGE WHO HEARS YOUR CASE

A recent GAO study found that if your Social Security disability case is heard by a high paying judge, you have an 88 percent chance of winning benefits, vs. a 42 percent chance if your case is heard by a low paying judge.

The study found that the average allowance rate will vary 46 percent, depending on which judge hears the case.


Of course, we who represent claimants already knew this--or pretty close to the actual numbers.  

So, who decides which judge hears your case?  Judges are randomly assigned at the hearing office, so neither the claimant or the attorney has any say on who the judge will be.

I am providing a link to that GAO study in case anyone is interested in reading more:

https://www.gao.gov/assets/690/689209.pdf 

WHAT YOU NEED TO GET SOCIAL SECURITY DISABILITY BENEFITS

In a nutshell, here's what you need to qualify for Social Security disability benefits:

1.  A severe medical condition that has lasted at least 12 straight months, is expected to last for 12 straight months, OR to end in death.

2.  Severe restrictions of function that make it impossible for you to work at any full-time job.

Also, you must have insured status with Social Security.  In other words, you must have worked long enough, and recently enough, to be covered.  The general rule is:  You must have worked 5 years out of the past 10 years.

2 PRECAUTIONS ABOUT USING THE INTERNET TO DETERMINE ELIGIBILITY:

It is the age of internet information.  However, I'm seeing a lot of people misled because they get on Google and start researching requirements for SSDI benefits.  Be careful about the following:

1.  When you Google something like "Get Social Security for heart disease," you will be directed to the Social Security listings for heart disease.  Almost nobody will meet one of these listings.  You will come away thinking, "I don't stand a chance."  Almost nobody would qualify if you had to meet a Listing.  But you don't.  So, these internet sites give you just enough information to discourage you.

2.  No website, including mine, can analyze your personal set of facts.  That's why you need to speak to an experienced disability advocate or attorney who can piece together the complete picture and advise you what to do.

You will never be charged a fee unless your case is successful.  A 15 minute phone call can make all the difference.  And there's no cost or obligation for making the call.
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THE FORSYTHE FIRM

CALL US:  (256) 799-0297

SOCIAL SECURITY JUSTICE 

DON'T DEPEND ON WHAT FRIENDS TELL YOU ABOUT SOCIAL SECURITY DISABILITY

I have heard some of the most intriguing stories about Social Security disability.  Many of them are full of misstatements of fact and bad advice.  The odd thing is, they all came from family members or friends of claimants who meant well and thought they were being helpful.

Most people don't realize that every disability case is different.  Therefore, what happened in one case may have absolutely no bearing on your case.
 It doesn't matter what happened to Uncle Albert's case. I guarantee you there was something about Uncle Albert's case that is different from your case:  age, education, work experience, medical records, treatment, date last insured, residual functional, capacity, onset date, grid rules, severity of symptoms--a different judge.... lots of things can be different.  And these can make all the difference!

You get the idea.  Get YOUR case analyzed based on YOUR set of facts. 


 Probably the best 15 minutes you ever spend will be to call an experienced attorney or disability advocate and get some advice about your claim.

 Do not depend on what a relative, friend or co-worker tells you.  They all have stories.  None of them probably apply to your particular scenario.  Get a free case evaluation by someone who sits in front of an administrative law judge several times a week, and who knows how to apply the law to your individual and unique set of facts. 

Here's the best part.  There is no cost for doing this.  Any attorney/advocate who practices in the area of Social Security disability will provide you with a free consultation, a free case evaluation, and free advice.  If the advocate is hired and does a lot of work on your case, of course he or she deserves to be paid.  But they only get paid if you (a) win your case, and (b) receive past due payments as a lump sum of money, and (c) Social Security approves of the fee payment.
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THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US:  (256) 799-0297

 SOCIAL SECURITY JUSTICE