I receive S.S. disability, and long term disibility. Can either one be garnished by a credit card company?

Asked almost 4 years ago - Valley Center, KS

I am disabled and receive Social Security benefits, as well as long term disability. The short/long term disablity is a benefit from my previous employer of which I paid for.

Attorney answers (4)

  1. David Prelle Eron

    Contributor Level 12

    Answered . To follow up on the previous answers, your private disability payments are not exempt under Kansas law. The SS income is exempt under federal law. Be sure that you keep it separate from your other funds (i.e. retain the funds in a separate bank account where you do not deposit other money). Unlike many other types of exemptions, the exemption for SS funds covers both the right to receive the money and the money once you have received it. However, for the latter to apply you must show that it is traceable to the SS payment, and the easiest way to do this is to segregate the funds.

    All of this being said, there is a way to exempt your private disability payment--file bankruptcy. Under Kansas law, when you file bankruptcy in this state you may take advantage of one element of the federal exemption scheme found in 11 USC 522(d)(10). (See KSA 60-2312(b)). Under section 522(d)(10)(C), disability payments are exempt. Therefore, there is a way to exempt the disability payments.

    All of this is very complicated and I am only providing a general outline of the law, not advice targeted to your specific situation. I strongly advise you to obtain legal representation. I would be happy to offer you a no obligation consultation.

  2. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . The SSI no. The private company disability payments...maybe. I cannot find an exemption for privately funded disability payments and they may be considered income and may be attached if they are...

    REQUEST: Please give this answer a "thumbs up"(below) if you find it valuable.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . Property that is protected from being garnished is defined under state law. This form of protection is usually refered to as "exempt" or exemption." Most states have their laws posted on the state web site and you should be able to tract down the answer for yourself.

    It looks to me like many of the exemptions in Kansas are in section 60-2304, but a quick review indicates that there are other sections of the law that deal with exemptions.

    You may wish to consult with a Kansas attorney for advice on these laws which are specific to your home state. I hope this information helpds & good luck!

  4. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . Social Security money is protected by federal law from creditors. Make sure that the money is deposited into a separate account to protect it.

    Long term disability from private companies is typically garnishable. However, each state has its own exemptions. You can Google the ones for Kansas and see if there are any exemptions for that income. Practically speaking, the creditors may be able to garnish the money in your bank account, but they are unlikely to know that you have such insurance or which company provides it.

    [I am a Virginia-licensed attorney. This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    I hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!

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