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Garnishment of Social Security Disability Benefits

Social security is the agency that provides benefits to people in their retirement and also fro those who have disabilities. The two kinds of programs that a disabled person can avail under social security are the SSDI (Social Security Disability Insurance and the SSI or Supplemental Security Income. Garnishment of social security disability benefits is provided for claimants because sometimes benefits are not only provided to the person who applied but also for the children and other dependents. According to the law children who have been disabled before the age of 22 and continue to be disabled is entitled also to the social security benefits. The SSI pays benefits to children under 18 years of age whose families have insufficient income and resources. Garnishment is also performed by the Social Security Administration so as to gather unresolved overpayment of social security benefits. This garnishment can be applied to the workers wages but with applicable limitations as specified by the law.  

The Social Security Administration has several criteria that a claimant must meet in order to be able to qualify for garnishment of social security disability benefits. The Administration is especially strict regarding these rules to avoid the occurrence of fraud. Based on the law, the social security benefits are exempt from execution, levy, attachment, garnishment or other legal process. There are only some exemptions wherein it can be subject to the legal process such as for the collection of delinquent federal taxes and legal process to enforce child support or alimony obligations.

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