bizdow --
I can best answer your question by pointing you to some clear
provisions of the Social Security Act, the regulations adopted to
implement it, and the Social Security Administration's "Program
Operations Manual" used to guide the agency's staff.
Section 207 of the Social Security Act responds directly to your
question, stating:
"The right of any person to any future payment under this title shall
not be transferable or assignable
." and "none of the moneys paid or
payable
shall be subject to
legal process." Social Security Act,
P.L. 74-271, 49 Stat. 620 (1935), Section 207
Here is a link to the complete text of that section:
Social Security Act: Assignment
http://www.ssa.gov/OP_Home/ssact/title02/0207.htm
Although the answer to your question appears to be stated clearly by
the plain language of this sweeping statutory provision, I must make
the disclaimer, for the record, that my answer is not intended as
legal advice and should not be interpreted as such.
Further corroboration of this interpretation of the agency's statute
is provided in Section 404.1820 of the Social Security
Administration's Rules, which states:
"(a) We shall not certify payment to -- (1) any person designated as
your assignee or transferee; or (2) [a]ny person claiming payment
because of
legal process." Title 20, Code of Federal Regulations,
Part 404
Here is a link to the complete text of that section of the agency's
rules:
Transfer Or Assignment Of Payments
http://www.ssa.gov/OP_Home/cfr20/404/404-1820.htm
Finally, Section GN 02410.001 of the Social Security Administration's
Program Operations Manual includes, among other things, the following
instructions for its staff:
It defines an "assignment" that is prohibited as "transfer of the
right to, or payment of, benefits to a party other than the
beneficiary
." (GN 02410.001, Section B1) and it instructs agency
employees to "not pay benefits to anyone other than the beneficiary
." GN 02410.001, Section D1.
Here is a link to the complete text of this section of the Program
Operations Manual:
Assignment
http://policy.ssa.gov/poms.nsf/lnx/0202410001
I trust that this answer gives you all the information you need.
Questions about the legal interpretation of its governing statute and
rules can also, of course, be directed to the Social Security
Administration. Here is a link to the contact information for the
agency:
How To Contact Us
http://www.ssa.gov/reach.htm
Search Strategy:
Navigation around the website of the Social Security Administration:
http://www.ssa.gov
Google searches using various combinations of the terms "social
security" "section 207" "404.1820" assignments transfers illegal
If any of the above is unclear, or if any of the links don't work,
please post an answer clarification request.
markj-ga |