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Social Security Disability and Child Support

Posted Apr 15 2009 11:35pm 2 Comments

Can you SSDI benefits be seized to pay past due child support?  Yes, according to Social Security Ruling 79-4, the Social Security Administration can withhold a percentage of a claimant's benefits in an amount equal to what SSA could withhold to pay delinquent income tax debt.

No interest or penalties may be withheld, and before the first withholding may commence, SSA must give the claimant 60 days notice.

There is a question in my mind as to whether SSI benefits may be seized to pay delinquent child support.  The web site esocialsecurityappeal.com states that a "custodial parent has no right to any of the proceeds from SSI."    Tim Moore, the editor of DisabilitySecrets.com also states that SSI recipients will not have their monthly disability benefits and past due benefits seize.  According to Mr. Moore, the rationale to protect SSI from levy relates to the nature of SSI as a welfare benefit:  "since SSI is essentially a public welfare benefit and does not derive  not from a claimant's earnings record, SSI benefits cannot be taken for other purposes, just as food stamps and AFDC funds, likewise, cannot be seized."

I have looked at Social Security's official web site, but I cannot find anything directly from Social Security that confirms the disparate treatment between SSDI and SSI.  Mr. Moore and esocialsecurityappeal.com may be entirely correct, but until I am able to find source materials to confirm their assertions I will keep this blog post indefinite.

Auxillary Benefits

You should also note that auxillary benefits paid to dependents of SSDI (not SSI) recipients do not equate to child support.  In other words if a disabled claimant with children is awarded SSDI and those children begin receiving benefits as a dependent of the claimant, those auxillary benefits do not offset the claimant's obligation to pay child support.

Post from: Social Security Disability Blog

Social Security Disability and Child Support

Comments (2)
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Why in the world would you want to protect these dead beats?!!  My wife's exhusband is over 21,000.00 behind.  For years he's been trying to get on disability to get out of paying.  He finally got on because he's an alcholic and drug user and he's destroyed his organs.  So you want to find a way to protect these scum?!  First off you shouldn't even be allowed SSI when it's your own fault your screwed up. Secondly, if you do get it then all of it should be given to the child support.  SSI was put into effect to help people with real issues out of their control.  Not these scum bags!!!  

Michael makes a good point.  We need to make sure that we are not using government funds (aka tax money) to finance poor habits in this country.  I know that you could call any <a href=http://www.ssrights.com>social securty lawyer</a> to get further information about who qualifies for SS.
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