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Garnishing Social Security Disability Benefits

When can the Social Security Administration garnish benefits received by Social Security Disability claimants? The Federal government can and will garnish Social Security benefits under several circumstances:

  • Enforcement of child support or alimony obligations. See 42 USC 659. Federal law limits the maximum amount that can be administratively seized for both past-due and current child support of 65 percent of Social Security benefit.
  • Enforcement of a valid garnishment for court-order victim restitution under 18 USC 3613.
  • To collect unpaid federal taxes pursuant to 26 USC 6334(c).
  • To have portion of the benefit withheld to satisfy a current year federal income tax liability pursuant to 26 USC 3402
  • Benefits can also be offset by the Treasury to collect money from benefits to pay a non-tax debt owed to that agency pursuant to Debt Collection Act of 1996. For instance, government guaranteed student loans that have been defaulted upon.

If you need more information about a Social Security Disability or SSI matter, personal injury matter (car wreck, boating accident, slip and fall, etc.), EEOICPA claim, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611, or through our website. Our office handles claims throughout East Tennessee, including Knoxville, Chattanooga, Kingsport, Bristol, Johnson City, Morristown, Maryville, Rogersville, Dandridge, Tazewell, New Tazewell, Jefferson City, Strawberry Plains, Sevierville, Gatlinburg, Loudon, Kingston, Halls, Maynardville, Crossville, Cookeville, Jamestown, Sweetwater, Lenoir City, Athens, Oak Ridge, Clinton, LaFollette, Lake City, Jacksboro, Bean Station, Cosby, Newport, White Pine, Mosheim, Wartburg, Sunbright, Pigeon Forge, and Deer Lodge.

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