Are Social Security benefits protected?

[db55063]

What is the name of your state? Minnesota

Are Social Security benefits protected?

Isn't there a limit to what Child Support can take? My brother who lives in MN is permanently disabled after a stroke, he just found out today the reason he hasn't received his disability is because Ramsey County child support has taken 100% of the last three months. He has no place to live and not a dime to his name, they have left him virtually penniless. There was not any kind of a notice that there was going to be a garnishment. He was never given an opportunity to contest the decision. When he first became disabled he had filed for a child support modification. He filed the modification, and supplied that info. His child is receiving dependant benefits from his disability entitlement. He did everything that was required. What should he do?

 

[BL]

The issue surrounding social security benefits and supplemental security insurance continues to be a major question with custodial and non-custodial parents. Let’s clear up the confusion once and for all. Social Security benefits mainly refers to a field of social welfare concerned with social protection, or protection against socially recognized needs, including poverty, old age, disability, death, unemployment, involving families with children and others. Supplemental Security Insurance is a supplement to an individual’s income based on need. The purpose of SSI benefits is to reassure that the income of an individual is maintained at a level viewed by Congress as the minimum necessary for subsistence.
When Social Security Administration (SSA) benefits have been assigned to a non-custodial parent (who has retired because of age or disability) the benefits can be attached for child support. Child support cannot be taken from someone's social security benefits until the person begins to receive benefits.

A garnishment can be placed against a beneficiary's social security check to collect on a child support obligation even if the child has passed the age of majority. The custodial parent can request payment of back child support from the beneficiary’s social security check.


A court or administrator can order that the Social Security dependents benefits paid by SSA on behalf of a child replace child support. Until the order is changed, the state will probably have to continue to collect from the non-custodial parent, though. Some states require that child support be paid in addition to the Social Security dependents benefits that the child receives.

Supplemental Security Insurance (SSI) benefits cannot be garnished for child support. A judge/administrator might consider the income from SSI when setting child support.

 

[lya]

The issue surrounding social security benefits and supplemental security insurance continues to be a major question with custodial and non-custodial parents. Let’s clear up the confusion once and for all. Social Security benefits mainly refers to a field of social welfare concerned with social protection, or protection against socially recognized needs, including poverty, old age, disability, death, unemployment, involving families with children and others. Supplemental Security Insurance is a supplement to an individual’s income based on need. The purpose of SSI benefits is to reassure that the income of an individual is maintained at a level viewed by Congress as the minimum necessary for subsistence.
When Social Security Administration (SSA) benefits have been assigned to a non-custodial parent (who has retired because of age or disability) the benefits can be attached for child support. Child support cannot be taken from someone's social security benefits until the person begins to receive benefits.

A garnishment can be placed against a beneficiary's social security check to collect on a child support obligation even if the child has passed the age of majority. The custodial parent can request payment of back child support from the beneficiary’s social security check.


A court or administrator can order that the Social Security dependents benefits paid by SSA on behalf of a child replace child support. Until the order is changed, the state will probably have to continue to collect from the non-custodial parent, though. Some states require that child support be paid in addition to the Social Security dependents benefits that the child receives.

Supplemental Security Insurance (SSI) benefits cannot be garnished for child support. A judge/administrator might consider the income from SSI when setting child support.

Ahem...the question was: can they take 100% of his Social Security Benefits to pay past-due child support? the other question was: what can he do now that he has no money on which to live since 100% of his income went to pay past-due child support?

When the poster stated that her brother did not receive his disability and there was no notice of a garnishment, I'm sure she meant that the brother's last three disability checks did not arrive because they were taken by garnishment/lien for past due child support that was collected through the county's child support collection office/agency, who went to court and obtained a judgment and an order to garnish the brother's pay (SS disability benefits).

I don't think the poster meant the brother never received SS disability income and his retroactive benefits were withheld or that he received any money from the county (SSI).

I could be wrong, though...

 

[BL]

Ahem...the question was: can they take 100% of his Social Security Benefits to pay past-due child support? the other question was: what can he do now that he has no money on which to live since 100% of his income went to pay past-due child support?

When the poster stated that her brother did not receive his disability and there was no notice of a garnishment, I'm sure she meant that the brother's last three disability checks did not arrive because they were taken by garnishment/lien for past due child support that was collected through the county's child support collection office/agency, who went to court and obtained a judgment and an order to garnish the brother's pay (SS disability benefits).

I don't think the poster meant the brother never received SS disability income and his retroactive benefits were withheld or that he received any money from the county (SSI).

I could be wrong, though...

Ahem ...... Why don't you answer the question then ?

A call to SSA might get him an answer , or a visit to a local SSA Agency Office .

Perhaps an email to a few SSI Attorneys requesting a reply to that specific question " as a courtesy " .

BTW , I had googled high and low and have spent some time on trying to find that specific answer , and haven't found it yet .

The reply I posted has some useful information in it , such as getting their children benefits payments from the disabled person's disability , then filing for a modification .

 

[lya]

Ahem ...... Why don't you answer the question then ?

A call to SSA might get him an answer , or a visit to a local SSA Agency Office .

Perhaps an email to a few SSI Attorneys requesting a reply to that specific question " as a courtesy " .

BTW , I had googled high and low and have spent some time on trying to find that specific answer , and haven't found it yet .

The reply I posted has some useful information in it , such as getting their children benefits payments from the disabled person's disability , then filing for a modification .

You did post useful information, part of which may be relevant.

I don't know the answer. I believe I more accurately 'knew' the question. Consider it as my having kicked the ball back onto the field for you to pick up and run, not as a tackle. (lol--how's that for a mixed sport description?!)

 

[BL]

You did post useful information, part of which may be relevant.

I don't know the answer. I believe I more accurately 'knew' the question. Consider it as my having kicked the ball back onto the field for you to pick up and run, not as a tackle. (lol--how's that for a mixed sport description?!)

I'm sure that question has been kicked around the forum a bit . I'm too lazy search the subject more right now .

 

[garrula lingua]

It's unclear to me whether your brothers money was intercepted from
the issuer, or more probably, from the bank acct wherein the $ was deposited.

Funds exempt from garnishment may be erroneously taken in the belief that they are savings or non-exempt monies.

Your brother has to review his paperwork - was it a bank acct deduction ?
If so, the bank (or SS) should provide forms to request the return of the funds and cessation of future takings.

I believe you need to look further at the paperwork to find the answer.

 

[lya]

Food for thought from another legal site: reply #5, email from husband's attorney in NJ--"the law states that it can garnish up to 65% of (your) SS disability income".

The attorney in NJ does not address the 100% capture of the husband's retroactive benefits. http://ancpr.com/forum/index.php/topic,151.msg573.html#top

I can't find the answer to 'can they take 100%'. If I correctly infer what I've read, unless the person paying support goes to court and objects, they will take whatever they can get towards arrearages FIRST, all the while, the current obligation is adding in to the arrearage total and keeping the undefined amount open to whatever they can get.

Therefore ! It is my opinion, personal not professional, that the OP's brother should get himself to court ASAP and negotiate for a lower amount, lower even than 65% toward total child support owed.

Whew.

And, I bet that didn't help a tiny bit in clearing up the 100% question...

 

[garrula lingua]

Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:

Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;
Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) allows benefits to be levied to collect unpaid Federal taxes;
Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;
The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: and
The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.

The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act as long as they are identifiable as Social Security benefits using normal banking practices. For example, only social security benefits are deposited into a particular bank account.



If a creditor tries to garnish your social security check, inform them that unless one of the five exceptions apply, your benefits can not be garnished. You also may want to provide this same information to your financial institution and seek legal assistance if you believe it is needed.

NOTE: Supplemental Security Income payments cannot be levied or garnished

OP: Is your bro receiving retirement SS or is he receiving SSI for his disability ??
The SS can be garnished for child support; SSI cannot be.

Either way, a CSE (Title IV-D) Judge would probably reduce a garnishment to a livable amt if bro signs an agreement to repay at a specific amt per mo.

 

[db55063]

OP: Is your bro receiving retirement SS or is he receiving SSI for his disability ??
The SS can be garnished for child support; SSI cannot be.

Either way, a CSE (Title IV-D) Judge would probably reduce a garnishment to a livable amt if bro signs an agreement to repay at a specific amt per mo.

Thank you for all of the responses. My brother is receiving SSI disability; he had a severe stroke at age 46 and cannot work.

 

[BL]

Thank you for all of the responses. My brother is receiving SSI disability; he had a severe stroke at age 46 and cannot work.

His child is receiving dependent benefits from his disability entitlement

From your first post .

My brother is receiving SSI disability

From your recent post .

If a beneficiary is receiving benefits , and their children are receiving benefits from their disability entitlement , the beneficiary is receiving SSDI disability .

They also might be receiving a small SSI ( supplement )

 

[db55063]

From your first post .


From your recent post .

If a beneficiary is receiving benefits , and their children are receiving benefits from their disability entitlement , the beneficiary is receiving SSDI disability .

They also might be receiving a small SSI ( supplement )

And your point is ???????

 

[BL]

And your point is ???????

Mine and other members point is :

You keep going back and forth between your brother receiving SSI , and SSDI .

Go to SSA.GOV , and look up the difference , if you do not understand what members are stating and citing on the forum .