October 19 – SSI and Garnishments
Question: Can a Supplemental Security Income (SSI) benefit or a Title II disability benefit be garnished?
Answer: Only in very limited situations. Sections 207 and 1631(d)(1) of the Social Security Act (the Act) prohibit “transfer” or “assignment” of a beneficiary’s right to future payment under title II and title XVI respectively. These sections also protect the beneficiary’s right to receive payments directly, and to choose how to use the payments. Social Security’s responsibility for protecting payments against legal process and assignment ends when Social Security pays the beneficiary. However, once paid, Sections 207 and 1631(d)(1) of the Act continue to protect payments as long as Social Security can identify them as:
- Retirement, Survivors and Disability Insurance (RSDI) benefits; or
- Supplemental Security Income (SSI) payments.
A beneficiary or recipient can use Sec. 207 or 1631(d)(1) of the Act as a personal defense if ordered to pay his or her payments to someone else, or if his or her payments are ordered to be taken by legal process.
So far, Congress has authorized the following exceptions to Sec. 207 and 1631 of the Act:
- Internal Revenue Service (IRS) levy to collect unpaid federal taxes from Title II benefits (GN 02410.100)
- Garnishment of Title II benefits to enforce child support and/or alimony obligations (GN 24010.200)
- Reimbursement to the States for interim assistance to SSI recipients (SI 02003.001)
Would you like to find out more about WIPA and your benefits? Contact your statewide WIPA Program-Project 20/20 if you have questions like our Daily Tips or want to learn more about working while receiving social security disability benefits. Call our North Augusta office at 803-279-9611 or the Ticket to Work Helpline at 1-866-968-7842. You can also complete a Contact Us or Self-referral Form.