Can a Creditor Garnish My Social Security Disability Check?

Who is the creditor? If it is anyone other than the Federal Government, then the answer is “No.” If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).

Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. Social Security’s responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when you are paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits.

NOTE: Supplemental Security Income, or SSI, payments cannot be levied or garnished.