Mr. Wayson has provided a good answer to your question.
Good luck to you.
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SSD or SSI? SSD probably yes, SSI not allowed.
Social Security Disability (SSD) is financed with Social Security taxes paid by workers, employers, and self-employed persons. To be eligible for a Social Security benefit, the worker must earn sufficient credits based on taxable work to be "insured" for Social Security purposes. Disability benefits are payable to: blind or disabled workers, their children, widow(er)s, and adults disabled since childhood The worker will get Medicare coverage automatically after receiving disability benefits for two years. The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker.
Supplemental Security Income (SSI) is financed through general revenues from taxes, meaning benefits are not based on your prior work history. In most states, beneficiaries will automatically be eligible for Medicaid. SSI benefits are payable to: individuals age 65 or older, adults who are disabled or blind, children who are disabled or blind. Eligibility requirements: have limited income and resources, meet the living arrangement requirements, be a U.S. citizen or national, or in one of certain categories of aliens. The monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the state.
Whether you are disabled or not is determined under the same analysis for either program.
The Social Security system limits the garnishment amount to the lesser of the State maximum or the maximum under the Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)) and is based on the law of the State where the beneficiary resides. Hereafter, the CCPA limit is referred to as the “Federal” limit. The CCPA limits garnishment to:
50%, if the beneficiary is supporting a spouse and/or child other than the spouse and/or child whose support has been ordered.
60%, if the beneficiary is not supporting another spouse and/or child.
55% or 65% respectively, if the garnishment order or other evidence submitted indicates the original support ordered is 12 or more weeks in arrears.
NOTE: SSI payments are not subject to garnishment.
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.
If it is SSDI then the children are eligible for benefits separately from yours. If the children's benefits match or exceed the back child support you owe, they will not take any of your lump sum. This is set out in Texas Family Code sec. 157.009. However, if you owe more than what the children are owed, you are still liable for it and will have to pay it. Have your disability attorney contact the Attorney General and see how you can work it out so that the children are helped and you are protected. Good luck to you.
Please be advised the posting of this answer does not create an attorney-client relationship. Karen L. Marvel and the Law Offices of Sinkin & Marvel, as a condition of their employment, require a signed written employment agreement prior to formally establishing an attorney-client relationship with any person.