Social security disability garnishment

#1 01-17-2008, 02:44 AM

1. Can social security disability benefits be denied because I owe federal back taxes (income tax)?
2. Can my social security disability checks be garnished because I owe federal back taxes (income tax)?

lawford · #2 01-17-2008, 09:46 AM

Hello rbmsafety:

Please provide more background. Include such as, whether your claim is active or if you are trying to get a claim, the present point in the process, the nature of your disability, age, etc., the extent of your IRS debt, any key terms, statutes, or codes cited in the mailings or paperwork - just do your best, and really, anything that you think may be important or unclear.

You do have rights, but the agency has some discretion about the extent of those rights. If you can provide these things, I'll do a little research for you.

Lawford

#3 01-17-2008, 09:59 AM

Quote:

Originally Posted by lawford

Hello rbmsafety:

Please provide more background. Include such as, whether your claim is active or if you are trying to get a claim, the present point in the process, the nature of your disability, age, etc., the extent of your IRS debt, any key terms, statutes, or codes cited in the mailings or paperwork - just do your best, and really, anything that you think may be important or unclear.

You do have rights, but the agency has some discretion about the extent of those rights. If you can provide these things, I'll do a little research for you.

Lawford

.
Lawford - thanks for your response.
I am considering applying as suggested by a doctor and friend. I owe approx $22K in back federal income taxes. I am 48 yrs of age with pulmonary disability (pulmony function test results with comment of "lung age 101 years"), diabetes, heart problems (possible septal infarction resulting in premature atrial contractions), and I have been treated for depression for approx. 7 years. Thanks again... Randy

lawford · #4 01-17-2008, 10:46 AM

Hello rbmsafety,

Just apply, and worry about the rest later. Be fully honest on the forms, if you are not, it is cause to deny the claim, or worse. Garnishment, if it is to be imposed, sounds like a good way to kill two birds with one stone. If it is imposed, it must be at a level that will not create an undue hardship. Good luck,

Lawford

moderator · #5 01-20-2008, 01:50 PM

The IRS usually has a pretty far reach when it comes to getting paid back for unpaid back taxes and may be able to collect against social security benefits or other income.

You can learn more about SSI and disability benefits through LawInfo's Free Legal Rescource Center here: http://resources.lawinfo.com/Search.html?q=ssi and http://resources.lawinfo.com/Search....ility+benefits.

I do suggest you try to speak to an attorney regarding your options for dealing with you back taxes owed to the IRS. You can learn more about an attorney through the locator service on LawInfo's home page at: http://www.lawinfo.com/.