Social Security Disability Garnishments
If your Social Security Disability (“SSD”) benefits are being garnished, there are two options that may be available to you.
Limiting Garnishments to just 5% of Monthly benefits.
First, SSD is obviously meant to allow recipients to pay for basic needs. But, meanwhile the State is permitted to garnish up to 65% of a recipient’s monthly benefit. This then ironically puts the recipient back into the position of being unable to pay for basic needs.
In many situations, we can file a Motion asking the Court to limit government withholding to just 5% of your monthly benefit.
In one recent case, the State was withholding $700 per month from out of the Client’s monthly benefit of $1208 per month. We were able to go to Court, however, and get an Order reducing the garnishment to just $60.40 per month (and which is exactly 5% of $1208 per month). [Click here to see redacted copy of Court Order.]
Getting a Set-off of “derivative benefits” against monthly withholdings.
If you’ve been receiving Social Security Disability benefits while your children have been minors, we can file a Motion to set-off what are known as derivative benefits against your monthly support obligation (and/or your arrears).
In one recent case, we were able to obtain a Court Order to apply derivative benefits against the Client’s monthly $550 support obligation, and were therefore able to reduce the County’s monthly withholding to Zero.
As part of the Court Order, we were also able to obtain a $23,000 reduction (for retroactive derivative benefits) against $30,000 in back support.
Shortly afterward, the County as well as the other parent were agreeable to closing the case entirely.
If you believe that you may be entitled to legal relief, you may set up a consultation by emailing us or calling (310) 479-2441.