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I have finally received Social Security Disability after 5 years (SSDI) of hearings and delays. I have received most of my six years of arearages. I have read that only the Federal government can put a lein (or levy?) on it. I am in California, and the Franchise tax Board has sent a lien to my bank, where I have a SS disability deposit funds only account set up. FTB says they can take any funds if it has been on deposit for more that 2 months. (By the way, the bank received notice before the account had even existed for 2 months). So, who really can attach and get my SS disability funds? I have no other income at all. What laws from federal and CA state apply? Thanks.
Q. So, who really can attach and get my SS disability funds? I have no other income at all. What laws from federal and CA state apply? Thanks.
Generally, no one. Social Security benefits are exempt from levy, garnishment, etc. from all creditors. The exceptions are that the Secretary of the Treasury may make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments, and likewise individuals may enforce a child support or alimony obligation. The Social Security website has the relevant law available HERE.
Q. FTB says they can take any funds if it has been on deposit for more that 2 months. (By the way, the bank received notice before the account had even existed for 2 months).
This simply isn't true. What the creditor may be referring to is the two month "look-back" period, but it is not what they are telling you. Your bank is required to protect up to two months of these benefits that are directly deposited into your account - rather than simply freeze the entire account to investigate the levy or garnishment order they receive, which is what they typically did before.
The bank's responsibility is to review the account to determine whether a benefit payment was deposited, then calculate and establish the protected amount for the account (which may be the entire account balance, if the entire amount is a social security benefit). Then, the bank must notify both parties of the amount protected.
This protected amount, calculated and established by the bank, is considered to be exempt from levy or garnishment under the law. In some cases, this automatic protection doesn't occur, such as when the federal benefits were deposited more than two months before the bank received the order. For any funds in an account in excess of the protected amount, the bank will proceed with its customary procedures for handling a garnishment order, including the freezing of funds.
In answer to you question to meDid you have this account before you received the ssa payments? And is this ssdi that you areI opened it explicitly for Social Security Disability Funds.The account Purpose is even so name. Social Security Disability Funds Deposit onlyIt was opened with a zero balance.First SSDI payment was received 21 days later (SS disability payment).Only SS funds have been deposited, besides aninterest payment the bank added (saving account)There did not seem any other way to respond to your question,beside rsponding as an email.Thanks.
You wrote, "People sometimes run into problems when they "co-mingle" or mix funds from different sources in the same account. Based on the information you've provided, you shouldn't have any problems."
I have not added any other (non SS disability) funds to the account, but I realize now the the bank made a deposit of interest acrewed by my SS disability saving account. Will that create a problem?
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