Maybe. Although SSD and all other SS and private disability benefits are exempt from garnishment by creditors by federal and state laws, the laws do not apply to child support and/or spousal maintenance. Therefore, what action if any the ex-spouse can take against SSD benefits depends upon the terms of the spousal alimony/maintenance order.
Social Security does not allow garnishment of disability benefits by creditors. Any credit card company, business, or individual who has won a judgment against you will never garnish your Social Security disability check.Social Security will allow garnishment of your Social Security disability benefits for current and past due child support or alimony. And the Internal Revenue Service is allowed to garnish Social Security disability and retirement benefits for delinquent taxes.Also, in addition to the IRS, other federal agencies may be allowed to garnish Social Security disability benefits.For instance, if an individual owes student loans that were federally guaranteed their Social Security disability benefit can be garnished.In theory, any money owed to the federal government can conceivably be garnished from Social Security retirement or disability checks.If you receive Supplemental Security Income (SSI) disability benefits, however, no creditor can garnish your benefit, not even the Federal Government. Since SSI is a need based disability benefit, it cannot be garnished.
SSD and other Social Security benefits are exempt by federal law from garnishment by judgment creditors. The exception is IRS garnishment for tax arrearages and court ordered child support. Private disability benefits such as WIC are generally exempt as well, but state laws determine if they are exempted in total or percentage. Social Security benefits can and are garnished for past due child support. SSI cannot be garnished.
Yes, if your disability insurance policy has a benefit that is integrated with social insurance benefits.Most employer paid disability insurance policies are integrated with social security benefits, because of the lower premium they have to pay. Individual disability insurance plans can be purchased with or without social security integration. Benefits that are not integrated with social security benefits will not be affected whether you apply or not for social security disability benefits.
Social Security benefits can never be garnished. Unless the judgment is for child or spousal support, unemployment insurance, workers' compensation awards, relocation benefits or disability or health insurance benefits cannot be garnished. Garnishing payments made from a retirement plan is also very difficult.
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