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.