Monday, June 24, 2013

Can a Creditor Garnish Your Social Security Disability Benefits?

It is common for SSDI and/or SSI beneficiaries to contact their Social Security Disability Lawyers when they are hounded by bill collectors.

Social Security Disability Lawyers are often asked whether credit card, mortgage or auto loan companies can garnish Social Security Benefits to pay a debt. 

Fortunately, the answer to this question is: No.

If a creditor other than the federal government tries to garnish your Social Security benefits, you should inform them that such actions are in violation of federal law.  Section 207 of the Social Security Act (42 U.S.C. 407)

Section 207 bars garnishment of your benefits.  It can also be used as a defense if your benefits are incorrectly garnished.  Our responsibility as Social Security Disability Lawyers is to prevent abuses from creditors against Social Security beneficiaries.  We get a lot of calls regarding these type of problems and can't always provide those in need with legal assistance.  If you live in Connecticut and creditors have tried to garnish your Social Security Disability benefits, we suggest you contact the Connecticut Department of Banking and complete the form on this link.  In you live in Massachusetts, you can consider filing a complaint with the Attorney General's Public Inquiry and Assistance Center.

NOTE: That Supplemental Security Income (SSI) payments cannot be levied or garnished.