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emc011075
emc011075, Tax adviser
Category: Tax
Satisfied Customers: 2319
Experience:  IRS licensed Enrolled Agent and tax instructor
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Can goverment take worker comp lump sum payment nor social

Customer Question

can goverment take worker comp lump sum payment nor social security payments n penisions if you are disable?
Submitted: 2 months ago.
Category: Tax
Expert:  emc011075 replied 2 months ago.

Hi. My name is ***** ***** I will be happy to help you.

The IRS can garnish your wages, your social security, even your pension but cannot take your Worker comp and service connected disability payments. Up to 15% of regular or early social security, including SSDI and pension can by garnished by the IRS. SSI - supplemental social security income is also protected.

Customer: replied 2 months ago.
what about goverment judgement ,not IRS in a civil case
Expert:  emc011075 replied 2 months ago.

Who is the creditor? Federal government usually does not need a judgment.

Customer: replied 2 months ago.
it was a civil judgement with dept of justice ,i am disabled not working
Expert:  emc011075 replied 2 months ago.

Ok. A civil judgement cannot garnish your social security or pension at the source. Which means a civil judgment cannot order social security administration to withhold percentage of your benefits. But once the benefits are deposited into a bank account, the bank account can be garnished.

Expert:  emc011075 replied 2 months ago.

Any questions? Is there anything else I can help you with today?

Customer: replied 2 months ago.
Can they also garnish disabilty payment?
Expert:  emc011075 replied 2 months ago.

The same as for social security. The judgment cannot garnish it at the source but once deposited into a bank account, the bank account itself can be garnished. If you have a bank account that is strictly for the disability payments, you can notify the credit in writing that this particular bank accounts is only for your disability payments and should be off limits. This will not stop the garnishment, but it make it less likely.

You can also appeal the court decision and claim severe financial hardship if your disability income is garnished and hope the judge will be sympathetic.

Expert:  emc011075 replied 2 months ago.

I see you offline now. If you need clarification, or want to discuss this issue further, let me know. And if you found my answers helpful, a Positive Rating would be greatly appreciated. Thank you!

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