How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask xavierjd Your Own Question

xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
Type Your Legal Question Here...
xavierjd is online now
A new question is answered every 9 seconds

IRS is garnishing my Social Security Disability and then doing

Resolved Question:

IRS is garnishing my Social Security Disability and then doing it again from the direct deposit of it in my bank account. Is this allowed?
Submitted: 2 years ago.
Category: Legal
Expert:  xavierjd replied 2 years ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you.

Are you stating that your check is being garnished twice?

Thanks
Customer: replied 2 years ago.
Yes, two times.
Expert:  xavierjd replied 2 years ago.

Generally, the government can garnish Social Security benefits described in Title II of the Social Security Act (OASDI). Section 6331 of the IRS code does not exempt Social Security from garnishment in order for the Internal Revenue Service to collect Federal taxes owed. The IRS may utilize the Federal Payment Levy Program or a manual levy. This includes Social Security disability program payments, retirement payments, and survivor payments.

Generally, your Social Security Benefits will be garnished by 15% monthly under the Automated Federal Payment Levy Program (FPLP). By its name, this is part of the automated process. On the other hand, through a manual levy, the IRS is only restricted in the sense that they must take into account what income is necessary for living and has a XXX XX XXXXXXXXXX XXXXXX XXXXXXXX based on the family size. You need to contact Social Security to determine how the garnishment is being done.

Your options to stopping or releasing IRS social security garnishment depend largely on what your tax and financial situation look like. You should be proactive in resolving the situation as XXXXXXXX XXX XXXXXXXXX accrue when you have back taxes or unpaid taxes.

If you cannot pay your tax bill, and you believe the bill is a mistake, contact the IRS. If you simply cannot pay, you still need to file and you may want to consider investment, retirement, or savings accounts you can use or utilize in some way (borrowing against 401k) to satisfy taxes owed. Getting a loan to pay it off or using a credit card is another option if you qualify, but you need to weigh the costs and interest of pursuing these options. As a basic requirement, you need to have all tax returns filed, a Collection Information Statement available (in most cases) to resolve your tax situation in considering the options below:

XXX XXXXXXXXXX XXXXXXXXX

If you owe less than $25k in taxes, you can request an IRS Installment agreement, which is an payment plan that allows you to pay back the IRS over a number of years. Interest and penalties still continue to accrue, so the faster you pay down your taxes, the less penalties and interest you pay.

XXXXXXX XXXXXXX XXXXXXXXXXX XXXXXXXXX (XXXX)

If you owe more than $10k in taxes, and you do not qualify for a regular IRS Installment Agreement, you may want to look at an Partial Payment Installment Agreement. You have to verify your financial situation with the IRS, but serves as a great alternative to an Offer in Compromise as it is easier to obtain. You must have no assets, or if you do have assets, they are not sufficient to resolve your tax problems. Interest and penalties accrue, but you may not pay them as the statue of collections makes part of your debt collectible.

XXXXX XX XXXXXXXXXX

If you do not qualify for an Installment Agreement or cannot resolve your tax problems through a PPIA, you may want to make an Offer In Compromise (OIC) which is an agreement with the you and the IRS to pay less taxes than you owe. Whether your OIC is sufficient, depends on whether it is equal to or greater than your reasonable collection potential.

XXXXXXXXX XXX XXXXXXXXXXX

If your financial situation is dire, you could potentially be deemed by the IRS "Currently Not Collectible." You will have to verify that your financial situation is poor through a Collection Information Statement and that you do not have the assets or income to satisfy your current tax liabilities. The IRS has a set of standards it follows as to what expenses are necessary for you to live. Realize interest and penalties continue to accrue but the IRS will not try to levy you during this time. XXXX://XXX.XXXXXXXXXXXXX.XXX/XXX_XXXX/XXX-XXXXXX-XXXXXXXX-XXXXXXXXXXX.XXXX

 

I hope you find this information useful. If you have follow up questions, please ask. If you are satisfied with the answer PLEASE PRESS THE GREEN ACCEPT BUTTON so that the thread can be closed and I can get credit for answering the question. Thank you.

Customer: replied 2 years ago.
Still did not say if they can double levy on SSI.
Expert:  xavierjd replied 2 years ago.
  • The Internal Revenue Service has the legal power to garnish your disability benefits (as well as your retirement benefits) if you aren't up to date with your tax payments.
  • The Internal Revenue Service allows you to give up a portion of your benefits in order to pay what you owe the government in taxes for the current year. According to the Tax Payer Relief Act of 1997, the IRS can withhold and collect up to 15% of the monthly disability payments until such a time as the tax debt is fully paid.
  • Other federal agencies can withhold the disability benefits in order to pay other non-tax debts that the beneficiary owes, such as unpaid parking tickets. This is based on the Debt Collection Act of 1996.
  • The benefits can be garnished if you have outstanding debts on federal small business or student loans, disaster loans provided by the government, as well as Veterans Administration mortgage.

So, other federal agencies can also withhold disability benefits in order to pay non-tax debts. If that is the case, it is possible that there could be 2 garnishments. But, based on your post, it is more likely that you are being double garnished for the same debt. That is not allowed. You need to contact the Social Security Administration to have the problem fixed.

 

f you receive Supplemental Security Income (SSI) disability benefits, however, no creditor can garnish your benefit, not even the Federal Government. Since SSI is a need based disability benefit, it cannot be garnished.
AND understand that where garnishment is disallowed, it is disallowed from the specific payment you receive, before you get it. Once you take it and put it into an account of any type, it loses it's identity and may be taXXXXX XXXXXke any other asset.


I hope you find this information useful. If you have follow up questions, please ask. If you are satisfied with the answer PLEASE PRESS THE GREEN ACCEPT BUTTON so that the thread can be closed and I can get credit for answering the question. Thank you.


xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 5 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.