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Can the IRS garnish your ssi back payments?

Theresa Perry

in Student Loans

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Kathy Robinson on March 25, 2018

NO - SSI, Supplemental Security Income payments cannot be levied or seized. But SSDI payments can be garnished by an agency of the Federal Government (IRS, taxes, defaulted student loans). And 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. Our responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act, provided that they are identifiable as Social Security benefits. http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/426/related/1


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