You may rely on your monthly Social Security Disability Insurance (SSDI) benefits to stay financially afloat. Even with this aid, you may still be struggling to make ends meet and pay off certain outstanding debts. All the while, you may worry that the Social Security Administration (SSA) may penalize you by withholding these paychecks, only making your financial situation worse. Continue reading to learn whether it is a possibility that your monthly payments will be garnished and how an experienced New Jersey SSDI benefits lawyer at The Law Offices of Sheryl Gandel Mazur can help you curb this potential nightmare.
What does garnishing benefits mean?
First of all, you must understand the concept of wage garnishment. Essentially, this is a legal procedure in which a court order prompts your employer to withhold your earnings. In turn, these withheld funds may be used to pay off certain outstanding debts.
In a similar sense, a court may order your SSDI benefits to be garnished so that certain debt obligations may be caught up on. With this, the SSA must submit to enforcing this court order, subsequently withholding your current and future benefits payments every month. Of note, a garnishment order is not retroactive and thereby cannot affect your previously paid benefits.
Is it possible for my SSDI benefits payments to be garnished?
You must know that the SSA may receive a court order to garnish your current and future SSDI benefits payments in several different circumstances. The following circumstances may apply to you:
- Your benefits may be garnished if you have been negligent in making your monthly spousal support payments.
- Your benefits may be garnished if you have been negligent in making your monthly child support payments.
- Your benefits may be garnished if you have been negligent in paying restitution from your civil lawsuit.
- Your benefits may be garnished if you have been negligent in filing your federal tax returns.
Even though the SSA has been ordered to garnish your benefits, it may be unproductive to appeal to this Administration regarding your issue. Rather, if yours is a matter of spousal support, child support, or restitution, then you must take it up with the court that issued the garnishment order (i.e., a family or other civil court).
Or, if it is a matter of taxes, then you may have to contact the Internal Revenue Service. This should be handled with the utmost urgency, as the United States Treasury Department may order that up to 15 percent of your benefits be garnished until your back taxes are paid in full.
Even if you are just worried that your SSDI benefits will be garnished, you must consult with a skilled New Jersey SSDI benefits lawyer from The Law Offices of Sheryl Gandel Mazur. Contact our firm today.
