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Can social security disability overpayment be discharged if I file Bankruptcy?
Wiki User
∙ 13y ago
Social Security Disability is, of course, a payment from a federal agency. While there is no rule specifically on Social Security Disability, the general rule is that any funds received from a federal agency by fraud (in a petition filed on or after October 17, 2005) cannot be discharged. If the overpayment did not occur because of fraud, it will be discharged.
In order to prove fraud, the SSA must show, in the bankruptcy court, that the overpayments were due to fraud.
This answer does not constitute legal advice or create an attorney-client relationship. Please consult an attorney for advice on your particular facts and case.
Wiki User
∙ 13y ago
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Can you file bankruptcy against a social security overpayment debt?
It depends. Any overpayments or funds received by fraud from any state or federal agency cannot be discharged in a Chapter 7 bankruptcy, or in a Chapter 13 bankruptcy filed on or after October 17, 2005. If the overpayment was not the result of fraud, it will be discharged. See the case of Lee v. Schweiker, 739 F.2d 870, 874 (3d Cir. 1984). SSA or any other government agency must prove, in the bankruptcy court, that the overpayment was the result of fraud. If fraud is proved, the overpayments will not be discharged in bankruptcy, and SSA can recover the overpayment from any future benefits. Please be advised that the SSA has the option of filing a civil suit if the amount is large enough, and can file federal criminal charges if the benefits were obtained fraudulently.
Can unemployment agency take overpayment from social security disability?
If you were over paid by unemployment can that affect your social security benefits at all
Can the bankruptcy trustee take money for debt repayment in the six month period after bankruptcy disbursement if they receive a large Social Security Disability payment?
Typically no. There are no absolutes here. If you disclosed to the Court that you were in the process of obtaining Disability, you should have nothing to worry about. However, if you kept this info from them, I would ask the lawyer who handled your case. * No. All Social Security benefits whether disability, SSI, or regular pension benefits are exempt from bankruptcy action.
Can a discharged utility debt become a collection after bankruptcy?
A utility company may not collect any debt that was discharged in a Chapter 7/13 bankruptcy. The discharge injunction, in most cases, prevents a creditor (including a utility company) from collecting a debt that was discharged. However, the utility company can, and often does, require a security deposit before resuming utility services.
Can Social Security garnish your wages for an overpayment when you have an appeal on file?
No, but if the appeal is favorable to the SSA they can recover the overpayment amount via garnishment of income.
Will filing bankruptcy end child support garnishing of a Social Security Disability check?
No. As part of the Bradley Amendment (1986), child support payments won't be ended or reduced for any discretionary reason, including bankruptcy.
Can a Social Security disability recipient be ordered to pay a judgment?
Anyone can incur a liability and thus be held responsible. Conversely they have the same rights such as bankruptcy as well.
Does the government charge interest on SSI debts?
The Social Security Administration does not charge interest on a Supplemental Security Income overpayment.
Can overpayment on rent be applied to damages?
If you were required to pay a security deposit prior to moving in, overpayment would not apply to that unless you have a verbal or written agreement with the landlord. Typically, if you make an overpayment on rent, it would be applied to next month's balance.
Can my disability lump sum payment be garnished if I filed for bankruptcy 9 years ago?
Congress speciifically excluded Social Security disability benefits from the median income test calculations. This means that your Social Security benefits do not count when calculating your household income for median income/means test purposes. Further, there is a good chance that your on-going Social Security benefits will be considered as an exempt assets, although you should discuss with your lawyer about whether any lump sum owed you for past due benefits is exempt. On the other hand, on-going Social Security benefits are counted when you create your bankruptcy budget (Schedules I and J), so your SSDI benefits may change your disposable income picture. If you are in a Chapter 13 and receive your Social Security disability award, you and your lawyer may need to modify your plan. Your Social Security lawyer may also need to seek Bankruptcy Court approval for his fees. In any case, filing bankruptcy does not cancel or impact your right to receive Social Security benefits. So while your benefit MAY be subject to garnishment...not for anything from your BK...the BK makes no difference now...those debts were discharged.
Does georgia tax social security disability?
Some Social Security Disability beneficiaries have to pay federal income taxes on their Social Security Disability benefits, while others do not.
Preparation for social security disability appeal hearing?
Preparation for social security disability appeal hearing?
