Can My Social Security Benefits Be Garnished For Alimony Child Support Or Restitution
We can withhold Social Security benefits to enforce your legal obligation to pay child support, alimony or restitution. State laws determine a valid garnishment order. By law, we garnish current and continuing monthly benefits. We do not make retroactive adjustments.;
;You cannot appeal to Social Security for implementing garnishment orders. If you disagree with the garnishment, contact an attorney or representative where the court issued the order.
The Department of the Treasury can withhold Social Security benefits to collect overdue federal tax debts. It can use:
- A Notice of Levy to collect overdue federal taxes under section 6334 of the Internal Revenue Code; or
- The Federal Payment Levy Program to collect overdue federal taxes. This allows the Department of Treasury to withhold up to 15 percent of your monthly Social Security benefits until you repay the debt.
;You cannot appeal the reduction of a Social Security benefit payment under tax levy to Social Security. Contact the Internal Revenue Service at;1-800-829-7650;to discuss any appeal rights.
;Delinquent non-tax debts
The Department of the Treasury can withhold Social Security benefits to collect delinquent non-tax debts owed to other federal agencies under the Debt Collection Improvement Act of 1996 . The Department of the Treasury controls this activity and will contact you if you owe a non-tax debt.
Time Limitation On Mental And Chronic Conditions
Many policies contain a 24-month limitation on disabilities arising from mental, nervous, and psychological impairments. If you’re receiving LTD payments due to depression, anxiety, post-traumatic stress disorder, chronic fatigue syndrome, or a similar impairment, you may be limited to receiving 24 months of benefits. There are often, but not always, exceptions for organic mental disorders like dementia and organic brain disease, as well as illnesses such as schizophrenia and bipolar disorder. The rationale behind this limitation, from the insurance company’s perspective, is that most of these impairments can be exaggerated or outright faked. While this policy does keep premiums lower than they otherwise would be, this comes as cold comfort to the vast majority of LTD recipients with bona fide mental illnesses whose benefits are terminated after only two years.
Some policies also apply the 24-limitation to arthritis, carpal tunnel syndrome, back pain, and other chronic pain conditions.
In addition, disabilities based on alcohol or drug abuse will almost always be subject to the same limitation. If you’re confined to an inpatient treatment facility when your 24 months expire, most insurance companies will continue to pay benefits until you’re no longer confined, subject to a cap.
Social Security Disability Insurance
SSDI is the benefit paid to disabled workers who have paid taxes into the Social Security for multiple years. To receive SSDI, you have to fit the Social Security Administration’s definition of disability, but you can be unmarried or married. Getting married won’t ever effect SSDI benefits that you collect based on your own disability and your own earnings record.
However, certain dependents of a disabled worker can receive SSDI auxiliary or survivor benefits based on the disabled worker’s earning record. Some of these dependents’ benefits are given only to family members who are unmarried.
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Appealing The Decision To Stop Your Disability Benefits
Try not to panic if you receive a notice saying the Social Security Administration plans to stop your disability payments: you may be able to fight termination of benefits by appealing the SSAs decision.
If you intend to appeal, it is extremely important that you act quickly. ;If you fail to respond;within 60 days of receiving your notice of termination, you will have to go through the additional hassle of explaining your delay to the SSA which may reject your explanation. ;The process will be faster and easier if you simply;meet;the 60-day deadline instead of depending on an extension, which is not guaranteed.
If you act;very quickly and respond to the termination notice within 10 days, theres an added benefit: you can ask the SSA to keep sending you your normal payments while your appeal is being deliberated specifically, throughout the Reconsideration and ALJ Hearing. ;Again, you can make this request after the 10-day deadline passes, but;it is simpler and easier to follow the deadline where possible.
While it is important not to delay for too long, claimants are also strongly advised to approach the appeals process with the assistance of an experienced attorney. ;The multi-stage disability appeals process is rife with opportunities for errors and mistakes, but your attorney will help make sure you understand your rights, responsibilities, and potential strategies for obtaining a favorable outcome.
DISABILITY RESOURCE CENTER
Even Once You’ve Already Started Getting Benefits There Are Situations Where They’ll Stop Find Out About Them
Tens of millions of Americans rely on their Social Security benefits, and many are in a position in which they can’t really afford to lose their monthly checks. Yet there are a few situations in which the Social Security Administration can and will take away benefits for certain recipients. Below, we’ll go through the situations where you risk losing your Social Security benefits so that you won’t get surprised down the road.
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Once I Am Approved Will I Continue To Receive Disability Benefits Forever
You have just been approved for Social Security Disability benefits and you finally let out a long sigh of relief. You have probably been through the ordeal of a Social Security Disability appeal and couldnt be happier that the process is finally over. The question on your mind now is probably whether or not you will continue to receive those Social Security Disability payments indefinitely, or if they will stop at some point in the future. The answer isnt the same for all Social Security Disability recipients.
When you are awarded Social Security Disability benefits, your case is categorized into one of three categories including Medical Improvement Expected , Medical Improvement Possible or Medical Improvement Not Expected . Which of these categories your particular case falls into depends on when you will be receiving continuing eligibility reviews and how long your Social Security Disability benefits will continue.
If your case is labeled as MIE that means the SSA expects that your condition will improve and you will be given a continuing eligibility review in approximately six to eighteen months. If during that review it is determined that your condition has improved and you are able to return to work, your benefits will be discontinued. If your condition has not improved at the time of your review, your Social Security Disability payments will continue and you will receive another review in another six to eighteen months.
Will I Receive A Notice From The Social Security Administration Explaining My Benefits
Yes. That notice is usually called a Notice of Award. This notice will show the date of entitlement and the amounts of benefits for all months of back benefits. It will show the total amount of benefits to be paid to you. It will show the amount of benefits withheld for direct payment of attorneys fees. It may also give you information about your Medicare eligibility and monthly Medicare premium. It may also give you some information about when to expect a continuing disability review.
Being Denied Ssdi And The Right To Appeal
If for some reason your Social Security application is denied or revoked, youll have the opportunity to appeal the decision.;
Although, its going to be even harder to convince a judge the second time around. Youve got to have a rock-solid case. And if you had a rock-solid case you probably would not have been denied disability insurance in the first place.;
So, you really need to think the entire case through before you submit your application or before your case comes up for review.;
The bottom line is that if you can show all of the following conditions youll have a strong case:
- Your doctor is willing to attest that medical marijuana is the most effective option for your medical condition and medical history.
- That refraining from the use of medical marijuana could be hazardous to your health and wellbeing.
- You do not have a history of drug addiction or alcoholism.
- You do not have a criminal record related to drug charges.;
- You have an experienced disability lawyer who has dealt with the medical marijuana issue.
If youve got questions regarding medical or recreational marijuana laws and rules we would be happy to answer them for you.
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Do My Disability Benefits Remain Intact If I Get Married
By Bethany K. Laurence, Attorney
Some types of Social Security Disability are for unmarried family members of the disabled person , while other types are for married or unmarried people, but have income limits. In that case, a new husband or wife’s income can be counted toward these limits and could make a disabled person financially ineligible for benefits. Let’s take a closer look at both of these situations.
The Four Most Common Reasons Disability Benefits Are Revoked In Los Angeles
Recipients of SSDI and SSI can have their disability benefits taken away for many reasons. The most common reasons relate to an increase in income or payment-in-kind. Individuals can also have their benefits terminated if they are suspected of fraud or convicted of a serious crime.
For the most part, individuals do not have benefits taken away as a result of an improved condition. Periodic reviews are often ordered by the court on an average of three years, but the Social Security Administration generally considers the prognosis of a disability benefits applicant at the time of their application. They will adjust the review period in light of the recipients medical outlook.
Learn more about when, how and why the SSA might take away your benefits by reading on.
What Can Cause Ssa To Terminate Your Social Security Disability Benefits
For SSI benefits, a positive change in ones medical circumstances could also cause entitlement termination. However, this is along with other factors, like income increase.
The recognized individual income limit is $794 per month and $2000 in assets. If you ever go above this income and asset limit, it becomes grounds for the termination of your SSI benefits. You should note that this is subject to several factors, including the following:
- Do you receive free food or shelter from someone else? Thats in-kind income.
- Does your spouse earn an income, or did he/she get a recent increase in income and assets?
- Are you a minor, and youre still a beneficiary of your parents income?
- Have the value of your assets increased past the stipulated $2,000?
Can A Private Creditor Go After My Benefits
No. All Social Security and SSI benefits are protected from debt collection by private companies and creditors. Private creditors such as credit card companies cannot use this program.
Only federal agencies can use this program. Only debts owed to government agencies can be collected from Social Security or SSI benefits. This includes student loan debt, food stamp overpayments, and other money owed to the government.
The I.R.S. can also take Social Security benefits to collect tax debts. You should realize that the rules are different for tax debt collection. Some of the protections we describe dont necessarily apply to tax debt collection by the government. If your Social Security or SSI benefits are being taken for back taxes, you should contact a tax professional for more information.
Honor Thy Father And Mother
If a minor child is charged with the felonious and intentional homicide of a parent, he or she cannot receive Social Security survivor death benefits.
“I do not believe this is being taught in any schools across the country,” Sarenski said. “Nor did I know that spouse or parent homicide was such a problem that the Social Security administration needed to add such a rule.”
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What If The Social Security Administration Finds That My Disability Has Ceased But Im Still Not Able To Work
The notice, which you will receive from the Social Security Administration following a continuing disability review, will explain your appeal rights. Read this notice carefully. If you appeal within ten days of the date you receive the notice your benefits will continue during your appeal. So be sure to act quickly.
Applying For Social Security Disability And Smoking
Marijuana is a complicated drug to address because it has many different effects on a persons physical well-being, cognitive functioning, and emotional coping abilities. For example, marijuana can be incredibly beneficial to people that suffer from Parkinsons Disease, chronic seizures, anxiety, and other afflictions. Numerous studies have shown that marijuana can effectively treat some of the side effects of cancer chemotherapy such as nausea and vomiting.
However, if you smoke marijuana, the Social Security Administration will look at many variables to determine whether you qualify for Social Security disability.
Finding Legal Help To Maintain Your Disability Benefits
If you recently underwent a Continuing Disability Review and lost your benefits, or if the SSA has revoked your disability benefits eligibility for another reason, an attorney may be able to help you regain the disability benefits that you need.
Contact the Social Security Disability attorneys at Gallon, Takacs & Boissoneault Co., LPA at 843-6663, or use our online contact form if you need to speak to an attorney about your lost Social Security disability benefits.
Can I Appeal The Termination
Yes. You may fight the proposed termination by asking for reconsideration. If you request reconsideration within ten days of the date on the notice, you will keep getting benefits after the proposed termination date in the notice. Social Security will give you a specific form asking for benefit and Medicare/Medicaid continuation.
You fill out a form called Request for Reconsideration Disability Cessation . Get the form from your local Social Security Office or from www.ssa.gov. You must make this request within 60 days of the date on the notice OR have a good reason to make a late request. You must request reconsideration within ten days of the date on the notice to keep getting benefits while Social Security decides the appeal.
You can review your file and give Social Security more evidence. Do so as soon as possible. Contact your Social Security office to set up a time to look at your file. Call toll-free1-800-772-1213 to ask for your local Social Security office number. You must give Social Security names and contact info for all your doctors, therapists, counselors, or anyone else with info about your disability.
At the hearing, tell the hearing officer why you think you are still disabled. You testify, give the hearing officer your medical records, and have any witnesses testify.
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Protect Your Disability Benefits By Working With A California Disability Lawyer
You can reduce your risk of having benefits taken away by working with an experienced California disability lawyer to prepare for your CDR or take into account major life changes that could affect your eligibility.
Weve been helping disabled individuals in the Greater Los Angeles area, the Inland Empire, and Orange County get the disability benefits they need for years. Call Dr. Bill LaTour and his team today at ; or fill out our online form to schedule a free consultation.
How Can I Lose My Disability Benefits
Generally, there are two ways you can lose your benefits – earning too much through working, and recovering from your disability. First, your benefits will end if you earn what Social Security considers to be a substantially amount of money. Before working while receiving disability benefits you need to contact the Social Security Administration or your attorney or advocate. Second, your benefits will end if you recover and are no longer disabled. Social Security will periodically monitor your condition, and technically you are required to notify SSA if your condition improves.
In most cases, your benefits will continue as long as you are disabled. With that said, Social Security will check to see if you are still disabled. The frequency of these checks will depend on your specific condition and the possibility of recovery. Recently, however, Social Security has been increasing its reviews of existing cases. When Social Security does review a case, they find the individual is still disabled the vast majority of the time.
Can I appeal if Social Security tries to take away my benefits?
Yes, you can appeal if Social Security tries to end your disability benefits. Remember, you have a limited time to appeal once you receive the letter cutting your benefits. If you do not appeal within 10 days, you could waive your right to appeal.
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Getting A Social Security Number For A New Baby
The easiest way to get a Social Security number for your child is at the hospital after they are born when you apply for your childs birth certificate. If you wait to apply for a number at a Social Security office, there may be delays while SSA verifies your childs birth certificate.
;Your child will need their own Social Security number so you can:
- Claim your child as a dependent on your income tax return
- Open a bank account in their name
- Get medical coverage for them
- Apply for government services for them
Keep your Social Security card in a safe place to protect yourself from identity theft.;