Can Creditors Take Social Security Disability Benefits?

Can creditors take social security disability benefits | Syracuse, NY workers compensation lawyers | MCV Law

The answer is no, with certain exceptions.

When I creditor sues you for a debt and gets a judgment, it can ask your bank to turn over money from your account. This is called a garnishment. If funds in your account are directly deposited by Social Security, and are deposited into your account within two months prior to the garnishment order, they are protected, meaning the bank has to let you have access to 2 months’ worth of benefits. If your account has more than 2 months’ worth of SS benefits, your bank can freeze the extra money.

The only exceptions are for garnishments for child or spousal support, federal taxes or federal student loans, in which case the bank can freeze the funds, even if they are directly deposited by Social Security.

Supplemental Security Income or SSI benefits, are protected from Garnishment, even to pay a government debt or child or spousal support.