Practice Areas

• New York State Workers’ Compensation
• Social Security Disability
• Supplemental Security Income
• Federal Workers’ Compensation
• New York City and State Retirement Disability
• The Doctors Corner - Compensation and Social Security Information for Doctors

Blog

Social Security Disability

• New Yorkers: Know what you need for the online SSA disability process
• How Fraud is Messing Up our Social Security Disability Program
• Radiculopa-what-othy?
• What the Heck is a Chiropractor and do I need it for my New York Disability Case?
• New healthcare information for New York’s SSA disability claimants

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Library

Social Security Disability

• Suffered a stroke and can’t work in New York? You may be eligible for Social Security Disability
• The Frustrating Wait For A Hearing Date
• How To Handle A Federal Disability Csse
• Win Your Disability Claim: Part 2

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Frequently Asked Questions about Workers' Compensation and Social Security Disability

Q:

CAN MY SOCIAL SECURITY PENSION AND 403B BE GARNISHED? 

A: Probably not. Social Secuirty Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:

1.  To enforce child support and/or alimony obligations

2.  Allows benefits to be levied to collect unpaid Federal taxes

3.  Allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;

4.  Allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency

5.  Authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.

However, if you are co-mingling (mixing up) your Social Security money in an account with other money then it may get garnished unless you can show that it is specifically Social Security money. I suggest that if you have someone seeking to collect a debt (creditor) you advise them you have your Social Security money and unless they meet one of the five exceptions above then they are out of luck.

Check out more information at http://www.markhofflaw.com/or http://www.socialsecurity.gov

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Videos

Social Security Disability:

• How Much Time Do I need in the Social Security System for Disability Credits
• The Real Story Behind Attorney Fees in Social Security Disability Claims
• What do you do if Social Security Disability has denied your claim?

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News

• NY SSD Lawyer Asks: What will SSA Reform Look Like?...
  Posted on 8/31/2010
• NY celebrates the Social Security Administration’s 75th Anniversary...
  Posted on 8/29/2010
• US Dept of Labor: $22M to get disabled workers back into the workforce...
  Posted on 8/26/2010
• Social Security Disability Can Help Those With High Medical Bills...
  Posted on 8/17/2010
• Social Security Disability Attorneys Offer Continuing Ed Course...
  Posted on 8/17/2010

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FAQs

Social Security Disability

• CAN MY SOCIAL SECURITY PENSION AND 403B BE GARNISHED? 

• I BELIEVE THAT I AM ELIGIBLE FOR NEW YORK STATE DISABILITY.  CAN I APPLY FOR AND COLLECT SOCIAL SECURITY DISABILITY BENEFITS AS WELL?  WHAT IS THE DIFFERENCE?  AND, IS THERE AN "OFF-SET?"
  
  
  
  

   

• WHAT IF I GET AWARDED SOCIAL SECURITY DISABILITY BENEFITS BUT AFTERWARDS FIND I AM WELL ENOUGH AND WISH TO RETURN TO WORK?

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