Tucson Social Security Disability Blog

Can Bill Collectors Take My Social Security Disability Benefits?

Posted by John Kuhnlein | May 23, 2019 | 0 Comments

If you are receiving Social Security disability benefits, you need to know your rights when it comes to people trying to collect a debt. Some debt-collectors may attempt to take away part of your disability check for such things as

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I Owe, I Owe . . .

credit card bills or car loans.

Simple Answer: Untouchable

The rule that applies in these circumstances is clear: almost no one can touch your disability benefits in the name of collecting a debt. That would include banks and credit card companies and even individuals who had loaned you money.

Ah, But Some Exceptions

There are exceptions, however. The federal government can collect on such debts as unpaid taxes and student loans that the government has guaranteed. Unpaid child support is another debt that allows a creditor to take part of your Social Security disability benefits.

SSI or SSDI? It Matters

A with most things to do with Social Security disability, it matters if you are getting SSDI or SSI. SSI, you will recall, is a poverty program for people who have not worked long enough to get regular Social Security disability.  If you are getting SSI benefits, you have even more protection from bill collectors. No bill collectors can get to your SSI benefits, including the IRS.

Never Mix Social Security Benefits With Other Assets

Be aware, however, that your benefits may lose their protection if they are mixed with other money. It is important

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Let's See What The Books Say About You

to have Social Security directly deposit your benefits into your bank account each month. Once they have, never add any non-Social Security disability assets into that account.

Banks Must Review Garnishment Orders

The bank that gets your Social Security deposit each month has to review your account if they get a garnishment order. If the bank finds that your account contains only Social Security disability benefits, they cannot freeze your account.

Tell A Bill Collector If You Are On Social Security Disability

If a bill collector tries to take your Social Security disability benefits, inform them that such an action is illegal. If a

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Are You Sure, Mr. Bill Collector?

creditor sues you, show the judge your Social Security disability paperwork.

It's important to pay your debts. But, it is also important for bill collectors to follow the law.

About the Author

John Kuhnlein

Since 1992, I have been helping the people of Southern Arizona get the benefits they are due. Before devoting all my efforts to assisting people with Social Security disability claims, I also handled such complex lawsuits as medical malpractice and products liability. I brought to my Social Security cases all the skills and attention to detail that I developed in the courtroom. I approach each Social Security disability case as if it were a million-dollar lawsuit. For the people trying to get Social Security benefits, their claim is every bit as important. Because I have personally handled so many Social Security cases, I have refined the skills I need to win your case for you. I have helped people win cases for every kind of ailment from arthritis to valley fever. At present, I am focused on helping those persons with neurological and orthopedic disorders. Because claims for people over age fifty bring additional complications, I particularly seek out those cases to work on. I regularly write about back and spine conditions on my blog. I actively seek out the latest information about orthopedic and neurological disorders to ensure I can represent my clients as effectively as possible. Because of my current focus, I regret that I am not able to take any cases for mental disorders. If you are over age fifty and suffer from any orthopedic or neurological disorder, please contact me at once.

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John Kuhnlein has been assisting people with Social Security disability claims for the past 20 years.

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Feel free to call with any questions or concerns you have about Social Security disability. I never charge for a consultation. In fact, there is no charge at all until we win your case. Unlike most lawyers, I never charge extra for things like telephone calls or making copies.