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Can my disability or social security income be garnished?

Budd Lake, NJ |

I will be 62 shortly. I have a student loan of $50,000 that I have a medical discharge from.They monitor for 3 years after. So far I have 2 more years to go. I need to apply for disability but I am afraid they will garnish it .Would that be classified as income and can they take it or part of it from me? Also, I have lawsuits pending with threats of judgements against me. I have no money, no assets, no estate, and as of this moment no income. So therfore they cant take anything from me. But if I were to collect social security or disability would they be able to garnish that?

Attorney Answers 4


  1. Best answer

    If you are approved for SSDIB or SSI, as long as you keep the money in a bank account AND that is the ONLY money in the bank account, then any private judgments against you can garnish that bank account. If they do, go to your local field office immediately and report it.
    Only child support and the federal government can take part of your SSDIB or SSI.


  2. Non-Federal student loans and other debts can not be basis to garnish SS money if it is not mingled with other funds. Federal government student loans, and other Federal debts can be basis for garnishment.

    The information you obtain from this website is not legal advice. Please contact us at 954-916-2667 or Dugandisabilitylaw.com in Florida for a FREE evaluation and legal advice pertaining to your particular claim. We give telephonic consultations and handle claims electronically nationwide


  3. Generally speaking, the only debts that affect SS disability payments are the non-payment of taxes and child support liabilities.


  4. I agree with the answer provided by Mr. Lupicella. You should apply for SS disability if you otherwise qualify.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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