Can the IRS take your Social Security disability check?

One commonly held myth among taxpayers is that Social Security benefits are exempt from garnishment by the IRS. Unfortunately, this is not the case. According to the Social Security Administration, it is legal to levy and garnish Social Security benefits if the recipient owes delinquent federal taxes. In addition, Social Security can also withhold your Social Security benefits to enforce your legal obligation to pay child support, alimony, or restitution. This also includes defaulted federal student loan payments too. It’s important to note, garnishment is only the case If you receive disability benefits through SSDI (Social Security Disability Insurance). If you receive benefits through the SSI (Supplementary Security Income) program your benefits can’t be garnished for back taxes, federal loans, alimony or child support.

The bad news is, if you are disabled and owe back taxes, the IRS can garnish 15% of your monthly SSDI payments to pay back the debt owed to them. However, the good news is you won’t see your payments lower all of a sudden. The IRS will issue several letters before garnishment. If you disagree with the garnishment order, contact an attorney or your tax advisor to figure out what your course action can be. The worst thing you can do is ignore the notice.

Regardless, you are still eligible to apply for and receive Social Security benefits, even if you owe back taxes.  At Roose & Ressler, we are local attorneys with over 40 years of experience helping people with their Social Security Disability claims. Contact us today to get started with your claim.

Roose & Ressler is a team of Social Security Disability lawyers with more than 40 years of experience handling disability claims in Northern Ohio. We have offices located throughout northern Ohio in Wooster/Mansfield, Toledo, and Lorain. We are passionate about helping you appeal or win your claim. In addition to offering a free initial consultation, we are caring lawyers committed to understanding the frustrations and delays people experience with Social Security Disability claims in Ohio.

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Guide to Preparing and Applying for
Social Security Disability

For something this important, trust the team that knows.

We know our way around the process. We know what works and what doesn’t. We know specifically how to handle cases in northern Ohio and have four locations to serve you.

Hiring Roose & Ressler can alleviate the feeling of being alone throughout the process. We act as your point person and will be here to answer all your questions. We’ll make sure you meet the necessary deadlines and requirements for the appeals process.

If you’re ready to get started, call us for a free consultation.