Can us social security disability be garnished due to a motor vehicle accident for damages?

Answer 1

No. 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: - to enforce child support oblications (Section 459 of the Act (45 U.S.C. 659)) - to collect unpaid Federal taxes (Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c))); - voluntary withholding to pay this year's Federal income tax liability (Section 3402 (P) of the Internal Revenue Code); - 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 only as long as they are identifiable as Social Security benefits. This applies to money in a bank account where the only payments into the account are from direct deposit of Social Security benefits. NOTE: Supplemental Security Income payments cannot be levied or garnished.