Skip to main content

If my wife is being sued for a medical bill, can they take my social security disability to pay for it?

Morrison, CO |

A procedure she had for hep C(biopsy )was approved by her insurance, but didn't pay on it. Now she is being sued from this 2009 procedure. Can they take any or all of my disability .

Attorney Answers 4

Posted

Social security disability payments cannot be garnished by a creditor. However, you should ensure that you keep that money in a bank account separate from other funds as bank accounts can be garnished and the protection can be lost if exempt funds are mixed with non-exempt funds.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Mark as helpful

7 lawyers agree

Posted

You personally are not liable fot eh bills. But -- if you mingle your funds with hers and the folks who want to be paid are ble to obtain a judgment and collect -- they can look for funds in a joint bank account to be compensated -- and you can lose some dough!

Be smart with your money. Good luck and I hope the wife's health improves!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Mark as helpful

4 lawyers agree

Posted

Excellent advice by Mr. Harkess and Mr. Deasy, two of the most knowledgeable attorneys that I have met in now 21 years of practice. Just make sure that your SSDI payments are going into a separate checking or savings account from money that your wife is holding. You need to show the creditor that the money is being held entirely separate. Any commingling from here on out could cause them to go after your SSDI funds as well. You can not change what has already occurred. However, you can go down to the bank today and create separate accounts. Good luck

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

Mark as helpful

5 lawyers agree

Posted

If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).

NOTE: SSI payments are not subject to garnishment.

Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. SSA has responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits.

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

Mark as helpful

2 lawyers agree

Social security topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics