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There are limited circumstances in which the federal government can garnish Social Security Disability Insurance (SSDI) benefits. Supplemental Security Income (SSI) benefits can never be garnished.
Federal law permits garnishment of SSDI benefits in specific situations, including:
- Child support, alimony, or restitution: Section 459 of the Social Security Act (42 U.S.C. § 659) allows Social Security to withhold benefits to enforce these obligations.
- Unpaid federal taxes: The Internal Revenue Service (IRS) may levy SSDI benefits under Section 6334(c) of the Internal Revenue Code.
- Section 1024 of the Taxpayer Relief Act of 1997 authorizes the IRS to garnish up to 15% of monthly benefits until the tax debt is repaid.
- Voluntary tax withholding: Beneficiaries may request withholding to satisfy current-year federal income tax liability under Section 3402(p) of the Internal Revenue Code.
- Non-tax federal debts: Other federal agencies may garnish SSDI benefits to collect non-tax debts under the Debt Collection Act of 1996.
- Certain restitution and civil penalties: The Mandatory Victim Restitution Act (18 U.S.C. § 3613) permits garnishment in limited circumstances.
How Does the Government Collect Non-Tax Debts From SSDI Benefits?
If you owe a non-tax debt to a federal agency—think student loans or certain federal fines—the government has tools to collect those funds directly from your Social Security disability payments.
Under the Debt Collection Improvement Act of 1996, federal agencies can authorize the Treasury Department to withhold a portion of your monthly benefit to satisfy the outstanding debt.
Here’s how it generally works:
- If you fall behind on repaying a non-tax debt to a federal agency, that agency can refer your debt to the Treasury Offset Program.
- The Treasury can then offset, or withhold, part of your monthly Social Security benefit until the debt is paid off.
- There are typically limits on the amount that can be withheld each month, and you should receive advance notice with information about your rights to appeal or dispute the debt.
It’s important to note that this process applies to regular Social Security benefits, not Supplemental Security Income (SSI), which remains protected from garnishment for federal debts.
Questions About Non-Tax Debt Garnishments?
If you have concerns or need clarification about levies for delinquent non-tax debts, you’ll want to reach out directly to the U.S. Department of the Treasury. You can contact them by phone at 1-800-304-3107, or visit their official website at www.fiscal.treasury.gov/top/contact.html for more information and assistance.
Who to Contact About Federal Tax Levies
If you have concerns or need clarification regarding levies on your benefits due to unpaid federal taxes, the best course of action is to reach out directly to the IRS. You can find helpful resources and answers to common questions by visiting their website or you can speak with an IRS representative by calling 1-800-829-7650. They’ll be able to guide you through your options and what steps to take next.
What Happens If a Garnishment Order Is Changed?
If a court modifies an existing garnishment order, it will issue a revised order and send it to Social Security.
- Social Security applies the change only after receiving the updated order
- Changes are not retroactive
- Past payments are not recalculated
Any adjustment affects future payments only.
Can A Creditor Garnish My Social Security Disability Check?
No.
If the creditor is not the federal government, they cannot garnish your Social Security disability benefits.
Section 207 of the Social Security Act (42 U.S.C. § 407) protects SSDI benefits from:
- Garnishment
- Attachment
- Assignment
- Other legal process by private creditors
This protection continues after payment, as long as the funds remain identifiable as Social Security benefits.
Important: SSI benefits cannot be garnished under any circumstances.
Who to Contact About Garnishment Deductions
If money is being withheld from your Social Security benefits and you have questions:
- Contact the court or agency that issued the garnishment order
- Social Security only follows the order—it cannot modify it
- Review your paperwork to identify the issuing authority
If you’re unsure which court is involved, review the official paperwork you received about the garnishment—this documentation should list contact information for the court or government agency handling your case. Keep copies of all correspondence and court orders for your records.
