Social Security Disability benefits are generally exempt from
garnishment. However, there are two notable exceptions: garnishments
may be enforced for the collection of federal taxes (such as overdue
income tax) and for delinquent child support or alimony payments. If
the restitution of which you speak is related to federal taxes or to
court-ordered domestic support obligations, the garnishment of Social
Security Disability benefits is a legal possibility.
"Generally, Social Security benefits are exempt from execution, levy,
attachment, garnishment, or other legal process, or from the operation
of any bankruptcy or insolvency law. The exceptions are that benefits
are subject: (1) to the authority of the Secretary of the Treasury to
make levies for the collection of delinquent Federal taxes and under
certain circumstances delinquent child support payments; and (2) to
garnishment or similar legal process brought by an individual to
enforce a child support or alimony obligation."
Social Security Administration: LEVY AND GARNISHMENT OF BENEFITS
http://www.ssa.gov/OP_Home/rulings/oasi/41/SSR79-04-oasi-41.html
"Social Security and Garnishment:
Generally, Social Security benefits are exempt from execution, levy,
attachment, garnishment, or other legal process, or from the operation
of any bankruptcy or insolvency law. The exceptions are that benefits
are subject:
(1) to the authority of the Secretary of the Treasury to make levies
for the collection of delinquent Federal taxes and under certain
circumstances delinquent child support payments; and
(2) to garnishment or similar legal process brought by an individual
to enforce a child support or alimony obligation.
Section 207 of the Social Security Act provides: "The right of any
person to any future payment under this title shall not be
transferable or assignable, at law or in equity, and none of the
moneys paid or payable or rights existing under this title shall be
subject to execution, levy, attachment, garnishment, or other legal
process, or to the operation of any bankruptcy or insolvency law."
However, section 6331 of the Internal Revenue Code of 1954 (26 U.S.C.
6331) which was enacted into law on August 16, 1954, after the
enactment of section 207, gives the Secretary of the Treasury the
right to levy or seize for collection of delinquent Federal taxes,
property, rights to property, whether real or personal, tangible, or
intangible and the right to make successive levies and seizures until
the amount due, together with all expenses, is fully paid. References:
SSR 79-4: SECTIONS 207, 452(b), 459 and 462(f) (42 U.S.C. 407, 652(b),
659 and 662(f)) LEVY AND GARNISHMENT OF BENEFITS 20 CFR 404.970 SSR
79-4"
Fair Debt Collection: Social Security and Garnishment
http://www.fair-debt-collection.com/garnishment-law.html#SS
My Google search strategy:
Google Web Search: "garnishment of social security"
://www.google.com/search?hl=en&q=%22garnishment+of+social+security
Please keep in mind that Google Answers is not an authoritative source
of legal advice; the material I've posted above is for informational
purposes, and should not be viewed as a substitute for the services of
a legal professional.
I hope this is helpful. If anything is unclear or incomplete, please
request clarification; I'll gladly offer further assistance before you
rate my answer.
Best regards,
pinkfreud |
Clarification of Answer by
pinkfreud-ga
on
15 Oct 2005 13:42 PDT
Google Answers Researchers are not permitted to provide specific legal
advice or guidance on individual cases. All we are able to do is to
direct you to the text of applicable laws and give general
information, as I have done above. Please note the statement that
appears at the bottom of each Google Answers page:
"Answers and comments provided on Google Answers are general
information, and are not intended to substitute for informed
professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."
I believe I have provided all the assistance that I am able to give.
If you are dissatisfied with my answer, you may seek a refund by going
here:
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Best regards,
pinkfreud
|
