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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 10149
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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Is there a regulation that a person who is receiving social

Customer Question

Is there a regulation that a person who is receiving social security check, their check can be received by SS and held? What are the circumstances?
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.

Hi,

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First, it's social security that's sending the checks and if you've already been qualified and nothing has changed, they will not stop sending it.

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Social Security retirement

The only time Social Security itself may stop or change an amount of a SS retirement check is when they believe that something was done incorrectly during the application process (such as bad information being reported, etc.) so as to cause an over-payment.

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For SSDI (Social Security Disability) this could happen when they learn of a change in your disability status, OR as with Social Security retirement, it is discovered that something was done wrong in the application process)

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For SSI, a means tested program, there are SEVERAL life changes that could cause a change because this benefit is based on your other resources.

Here's a list of some of the changes that can cause an over-payment of SSI:

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§ you divorce, separate or remarry

§ you return to work

§ you are working and the amount you are earning goes up

§ you begin to share your home or apartment with another person

§ you are hospitalized

§ you inherit money or property

§ you get money from a court case or settlement

§ you begin to receive a retirement pension or other type of disability benefit

Overpayments can also happen because Social Security makes a mistake and pays you the wrong amount of benefits. Even if Social Security made a mistake, such as computer mistake or a mistake by an employee, Social Security will still ask that you pay them back.

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Now, lets assume that (1) everything was done correctly during the application process and (2) that there has been no over-payment

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In THAT case, only a tax debt could cause a garnishment (but even then, typically only a 15% reduction .... not a complete stopping of the check). AND private creditors CANNOT attach social security ... only the Federal Government, for Federal debt (such as back taxes or federal student loans).

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Hope this helps

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Lane

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Of so, please credit me positively using the stars on your screen or JustAnswer will not credit me for the work BUT if you still have questions ... let me know, and we'll go from there

.

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Expert:  Lane replied 1 year ago.

Hi,

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I'm just checking back in to see how things are going.

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Did my answer help?

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Let me know…

….

Lane

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