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A SOCIAL SECURITY CHECK, SOCIAL SECURITY DISABILITY CHECK CANNOT BE GARNISHED....THE FEDERAL GOVERNMENT CAN ONLY TAKE IT IF YOU OWE TAXES,A STUDENT LOAN CAN BE AND CHILD SUPPORT..THAT IS IT.THEY CAN PUT A LIEN ON YOUR HOUSE BUT CAN ONLY GET THE MONEY IF YOU OWN THE HOUSE.THEN IT CAN ONLY BE OBTAINED IF YOU SELL OR REFINANCE.MAKE SURE THE BANK KNOWS THAT THIS IS SOCIAL SECURITY DISABILILITY AND THAT IT CANNOT BE GARNISHED.MAKE SURE THAT ONLY SOCIAL SECURITY DISABILITY MONEY IS IN YOUR ACCOUNT.OTHER MONIES ARE IN JEOPARDY.ALSO IF YOU HAVE A JOINT ACCOUNT AND THE SPOUSE HAS REGULAR MONIES GET A SEPARATE ACCOUNT.OTHERWISE THEY CANNOT DETERMINE WHAT IS YOURS AND WHAT IS YOUR SPOUSES AND IS FAIR GAME.ONLY KEEP SOCIAL SECURITY DISABILITY MONEY IN THAT ACCOUNT AND IT CANNOT BE TOUCHED........
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No. If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407). As above, once you get the check, it becomes indistinguishable with other assets...it loses it's identity as SS unless you work hard to protect it as such.
==Loopholes==
There are, however, some loopholes in the law that can be used and are quite frequently used to garnish SSI and SSDI checks. The laws vary from state to state, and in some states, there are procedures in place to make social security garnishments pretty much automatic. It is actually easier to garnish Social Security than earned income for several reasons: 1.) It is easier to identify money coming from the government than some obscure employer. 2.) The main principle behind the "garnishment" is that the money received is treated as an "asset" rather than "income," and assets can be garnished while social security checks can't.
A certain amount of earned income is not garnishable (except for child support, court-ordered restitution, and in some states, back taxes). But using these loopholes, Social Security benefits are garnishable from the first dollar earned up until the debt is fully satisfied. So, theroretically, it is possible that if you owe a substantial amount of money (such as to the IRS, for state taxes, child support, court-ordered restitution, student loans, bank loans, credit cards, or medical bills), you may never see a penny of your social security checks. If you depend on this money to live and pay your rent, you are then in big trouble.
With earned income, a maximum of 25% can be garnished. So if $4000 was earned in a month, no more than $1000 can be garnished. But with Social Security, if the debt is $6000, and the monthly check is $750, then the full amount of the check can be garnished for 8 months while you get nothing.
Also, for all income types, when it comes to child support or restitution, all income from the very first dollar can be garnished 100%, and they will not see a single dollar until the requirement is satisfied. So if one is ordered to pay $500 a month in child support, and their SS check is $750, they will only see $250.
In many states, the law requires that if there is a judicial judgment against a person, money that enters a bank account held by the debtor is entitled to go to the plaintiff awarded the judgment before the debtor can withdraw the money. This law is employed in these situations.
If you receive your social security money via direct deposit, the "garnishment" will be automatic. But even if you take a paper check to the bank, if that lien is present, the bank must send it to the creditor rather than allowing the account holder to cash it.
The states of Connecticut, Illinois, Massachusetts, Michigan, New Jersey, New York, Rhode Island, and Wisconsin protect all SSI and SSDI money from garnishment via these methods. Though the method varies, it is recommended to have a separate account for the purpose of receiving SSI and SSDI payments, so money in it does not get attached.
Rhode Island's law protects all disabled people from garnishments and attachments, except from the federal government, where federal laws can override state statutes. Other states are highly aggressive at garnishing SS checks, with the total amounts garnished in eight figures.
Meanwhile, some states have laws that allow courts to order a disabled person ordered to pay child support or court-ordered restitution to work, even if found disabled by the social security administration. Under these laws, the court will make its own determination of disability, and finds many people disabled according to the SSA able to do at least some work by their standards. Those failing to work in response to such a court order are thrown in jail. In these states, those with receiving SS for psychological disorders (such as anxiety disorder, depression, panic disorder, PTSD, or work aversion disorder) are more likely to be found "able to work" than those with physical disorder (such as mobility problems). Also, those with chronic fatigue are more likely to be considered "able to work."
