The Law Offices of Sheryl Gandel Mazur Se habla espanol
  • Toll Free 877-892-0197
  • North New Jersey 973-200-6629
  • South New Jersey 609-207-7905
Related Areas

Can your Social Security disability benefits be garnished?


New Jerseyans receiving Social Security Disability Insurance (SSDI) benefits are not immune from the normal vagaries of life. To the contrary, they are often more susceptible to hardships and bad luck. That can mean having trouble keeping up with key financial obligations like paying alimony, child support and taxes. Can getting behind on these obligations result in the person's SSDI benefits being garnished?

In a word, yes. If New Jerseyans get behind on their obligations to pay alimony, restitution or child support, courts can issue a garnishment order that the Social Security Administration (SSA) will enforce. The SSA will normally do so by garnishing current and future benefits on a monthly basis. But the SSA will not try to claw back already distributed benefits. In other words, garnishment orders are not retroactive.

Just as with alimony, restitution and child support, the federal government may garnish people's disability benefits if they have failed to pay their taxes. In such a case, the Treasury Department can withhold up to 15 percent of a person's monthly disability benefits until the back taxes have been paid in full.

In each of the instances previously mentioned, New Jerseyans have no right to appeal to the SSA. Instead, the New Jerseyan will need to present his or her case in front of the body that ordered the garnishment. In the case of alimony, restitution or child support, the person would have to appeal in front of the court that issued the garnishment order. In the case of back taxes, the person would lodge an appeal with the Internal Revenue Service.

Garnishment is just one of the issues facing New Jerseyans receiving SSDI benefits for an injury that makes them unable to work. For guidance on issues relevant to their situation, New Jersey residents may benefit from speaking with an experienced disability attorney.

Source: ssa.gov, "Can my Social Security benefits be garnished for alimony, child support or restitution?" Accessed Nov. 22, 2016

No Comments

Leave a comment
Comment Information

Contact Our Firm For A Free Initial Consultation | Se Habla Español

For assistance anywhere in the state, please send an email or call 973-200-6629 (toll free 1-855-200-4118).

Our offices are open weekdays from 9 a.m. to 5 p.m., and we return all calls as promptly as possible.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

West Caldwell Office
195 Fairfield Avenue
Suite 2C
West Caldwell, NJ 07006

Toll Free: 877-892-0197
Phone: 973-200-6629
Fax: 973-364-1348
Map & Directions

Absecon Office
508 New Jersey Ave
Building B
Suite 1B
Absecon, NJ 08201

Toll Free: 877-892-0197
Phone: 609-207-7905
Map & Directions

  • Toll Free: 877-892-0197
  • Fax: 973-364-1348
  • Phone: 973-200-6629
  • Toll Free: 877-892-0197
  • Phone: 609-207-7905