Social Security benefits are typically not subject to garnishments. But in certain cases, garnishment of benefits can occur.
Reasons
Social Security income can only be garnished under certain circumstances. These include payment of child support, alimony, unpaid taxes and payment of other federal agencies.
Supplemental Security Income
Supplemental Security Income (SSI) is provided through Social Security in cases when an inadequate amount of payments are made to Social Security through one's lifetime for full disability or retirement benefits to be made. SSI cannot be garnished because it is considered public assistance for covering basic needs.
Medicare
Payment of Medicare premiums can be taken out of a Social Security check. Many states have Medicaid programs in place where Medicaid recipients who also receive Medicare will have their Medicare premiums paid by the state.
Other Income
Other income such as employment income and pensions can be subject to garnishment. Consult with the local Social Security office, state government or an attorney to know your rights relative to garnishment of other income sources.
Rights
If a creditor attempts to garnish your Social Security benefits, you have the right to legal proceedings and be represented by an attorney. You have the right to be notified in writing before the garnishment takes effect.
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