If you’re receiving Social Security Disability benefits, you may be concerned about whether the IRS can seize or garnish your benefits. This is a valid concern, especially for individuals who rely on these benefits as a primary source of income. Let’s delve into this topic and answer this commonly asked question straightforwardly.
UNDERSTANDING SOCIAL SECURITY DISABILITY BENEFITS
Social Security Disability Insurance (SSDI) provides crucial financial support to individuals who cannot work due to a qualifying disability. These benefits are not means-tested, meaning they are not dependent on the recipient’s income or resources. Instead, eligibility is based on an individual’s work history and contributions to the Social Security system.
THE IRS AND COLLECTION OF DEBTS
The Internal Revenue Service (IRS) has the authority to collect certain debts owed to the federal government. This includes unpaid federal taxes, unpaid child support, and other outstanding federal debts. Collecting these debts can involve wage garnishment, bank account levies, and, in some cases, the interception of federal payments.
CAN THE IRS TAKE YOUR SOCIAL SECURITY DISABILITY CHECK?
The good news is that under most circumstances, the IRS cannot garnish or seize your Social Security Disability benefits to satisfy federal tax debts. These benefits are considered exempt from garnishment by the IRS, protecting individuals who rely on SSDI as their primary source of income.
EXCEPTIONS TO THE RULE
While SSDI benefits are generally protected from IRS collection efforts, there are exceptions to this rule. If you owe federal taxes and have other sources of income or assets, those may be subject to IRS collection actions. Additionally, if you receive Supplemental Security Income (SSI) instead of SSDI, different rules may apply, as SSI is a need-based program managed by the Social Security Administration.
Also read: HOW OFTEN DOES SSI CHECK YOUR BANK ACCOUNTS? WHAT YOU NEED TO KNOW
SEEKING ASSISTANCE
If you’re facing challenges related to IRS tax debts and their potential impact on your Social Security Disability benefits, seeking professional assistance is crucial. Consulting with a tax professional or a legal advocate specializing in disability rights can provide valuable guidance and help you navigate the complexities of these issues.
While the IRS generally cannot take your Social Security Disability check to satisfy federal tax debts, staying informed about your rights and seeking expert advice when dealing with such matters is essential. By understanding the protections in place and seeking appropriate support, individuals can safeguard their vital sources of income.
VICTOR MALCA – Florida Workers Compensation & Social Security Disability Attorney
Victor Malca P.A. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success when fighting for his clients puts him among the most trusted workers’ compensation attorney’s in Florida. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits.
Book a free consultation today. Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida.
About The Author
Meet writer Rei Bayucca, a graduate of Saint Louis University with a passion for writing about legal topics. Explore insightful articles tailored to solve your most pressing issues. Rei’s expertly crafted content is thoroughly researched and fact checked.