Did Your Social Security Check Get Smaller? What Garnishment Rules Mean for You

3 6 minutes read

During its first six months, the Trump administration made key changes to Social Security, including resuming garnishing benefits for delinquent student loans and increasing the amount withheld from checks to recover past overpayments from 10% to 50%.

That got me thinking — who else can take a part of a retiree’s Social Security benefits? The answer is complex, as it depends on the nature of the debt and the specific circumstances involved.

The list of creditors that can take your benefits to repay a debt is small, and filled with an alphabet soup of powerful government agencies that are no strangers to collecting debts.

Subscribe to Kiplinger’s Personal Finance

Be a smarter, better informed investor.

Save up to 74%

Sign up for Kiplinger’s Free E-Newsletters

Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more – straight to your e-mail.

Profit and prosper with the best of expert advice – straight to your e-mail.

Even if other creditors can’t touch your Social Security benefits, some specific, unavoidable obligations can lead to garnishment. These include debts for back child support, alimony, or restitution to a crime victim.

Here’s a bit of good news for anyone who might find their benefits diminished by a debt. The law shelters the total amount of all Social Security benefits — and all other eligible federal benefit payments — that have been directly deposited into that account or loaded onto a benefit debit card within the past two months. The U.S. Department of the Treasury uses Direct Express Debit Mastercard, a prepaid debit card, to distribute federal benefits to recipients who don’t have access to a bank account.

For the purposes of this article, we are focusing on the Social Security benefits of retirees and not Supplemental Social Security (SSI) or Social Security Disability Insurance (SSDI) income.

Social Security benefits are generally protected from commercial creditors under federal law. Specifically, Section 207 of the Social Security Act states that these benefits are exempt from garnishment, levy, attachment, or other legal processes by most creditors. And the federal Consumer Credit Protection Act (CCPA) provides strong protections for Social Security benefits after they hit your bank account.

This means that private creditors, such as credit card companies, personal lenders, or medical debt collectors, typically cannot take your Social Security benefits to satisfy a debt.

Many federal benefit payments, including retiree Social Security benefits, are not subject to garnishment in most cases. These payments are sometimes called exempt funds; however, these “exempt funds” are not always safe from garnishment.

Here’s a breakdown of who can garnish or levy Social Security benefits:

Federal Agencies

Social Security Administration (SSA): If you have received an overpayment of Social Security benefits, the SSA can reduce future benefit payments to recover the overpaid amount. The SSA currently imposes a 50% garnishment on benefits until the overpayment is repaid.
Internal Revenue Service (IRS): The IRS can garnish up to 15% of your Social Security benefits to collect unpaid federal taxes. It does not need a court order to do this
U.S. Department of Education: If you default on federal student loans, the Department of Education can garnish up to 15% of your benefits. There’s a rule that ensures you are left with at least $750 per month in benefits. This number was put in place in 1996 and has never been indexed for inflation.
Other Federal Agencies (via Treasury Offset Program– TOP): The Treasury Department can offset/reduce your Social Security benefits to collect delinquent debts owed to various other federal agencies. This can include overpayments of other government benefits, such as SNAP/food stamps, or debts owed to agencies such as the Small Business Administration (SBA) or the Department of Veterans Affairs (VA) for non-disability related debts. Generally, it can impose a 15% offset without a court judgment.

Court-ordered obligations, typically enforced by state agencies:

Delinquent child support and spousal Support: State child support enforcement agencies can garnish Social Security benefits to satisfy court-ordered child support obligations. And, overdue court-ordered alimony payments can also lead to garnishment.
- The total amount that can be garnished from your Social Security benefits depends on your state’s law, but it can’t exceed 60% of your benefits. If you’re more than 12 weeks behind, though, the cap increases to 65%
Past due restitution to a crime victim: If a court orders you to pay restitution to a victim of a crime, your Social Security benefits can be garnished to fulfill this obligation

Garnishment vs bank levy

The are two ways creditors can access your income. They can go to the source and garnish a check before you get paid, or levy the money in your bank accounts. In this instance, the difference is one with a significant distinction, as the type of protection your monthly Social Security benefit receives before and after it is disbursed is different.

Standard private creditors, such as credit card companies, medical bill collectors, personal loan lenders, etc., cannot directly garnish your Social Security benefits. Even if they obtain a court judgment against you. As discussed above, only the SSA, IRS, Department of Education, and the Treasury Department can garnish your check.

If they can’t intercept your Social Security check, the next step would be to levy your bank account. That is something a commercial creditor can do within limits. In this case, the creditor is permitted to levy money from your bank account that is over two months’ worth of benefits. If your account has more than two months’ worth of benefits, your bank can levy or freeze the extra money.

That’s why the way you receive and store your benefits matters.

Protection in bank accounts

If your Social Security benefits are directly deposited into your bank account, federal regulations require banks to automatically protect at least two months’ worth of benefits from garnishment by most creditors. This “look-back” period ensures that a certain amount remains accessible to you. However, if you deposit paper checks or transfer the funds to another account, this automatic protection may be lost.

That’s why it’s advisable to open a separate bank account to receive your Social Security benefits; there can’t be any confusion about where the money in a dedicated account came from.

Important Considerations:

Mixed Funds: If you mix your Social Security benefits with other income, such as wages or gifts, in the same bank account, it can make it harder to distinguish the protected funds. This could potentially jeopardize the protection. It’s often recommended to use a separate account solely for your Social Security deposits
Being Sued: Even if your Social Security benefits are protected, creditors can still sue you for unpaid debts and obtain a judgment. While they may not be able to collect from your protected benefits, they could potentially pursue other non-exempt assets you might have

Step 1: Use direct deposit or a benefit debt card: Social Security payments that are directly deposited into your bank account or prepaid benefit card are easier to identify and protect. Benefits received via paper checks do not receive protection.

Step 2: Open a separate account: Using a dedicated account solely for your Social Security benefits will simplify the process of proving the funds’ origin if challenged.

Step 3: Don’t ignore legal notices: If you receive a garnishment notice, don’t ignore it. Responding promptly and/or seeking legal advice to understand your rights and potential redress in complex situations is the best way forward. Your debts aren’t going away. Many outstanding debts can grow from interest and penalties that accumulate while the debt remains unpaid.

Step 4: Seek legal advice: If you have questions about garnishment/bank levy or believe your benefits are being improperly garnished, you should consult with a qualified attorney to understand your options and potentially challenge the action.

Manage your debt to maintain your benefits

While Social Security payments are generally immune from most forms of garnishment, there are specific exceptions, especially regarding federal debts and court-issued obligations. It’s crucial to understand the rules surrounding garnishment and take measures, such as having a dedicated bank account, to protect your benefits, ensuring that this critical source of income remains safe.

It’s important to be proactive when addressing outstanding debts. When it comes to overdue taxes, arranging a payment plan can help you avoid the stress of debt collection and an unbudgeted hit to your Social Security benefits.

Source link