If you have a long term disability that is serious enough to qualify you for Social Security disability benefits, you do not need the additional stress of worrying that your benefits can be garnished by a creditor. Fortunately, federal laws, rules, and regulations preclude private creditors from seizing these benefits. However, the application of those laws is not automatic, and you may need to hire a wage garnishment attorney to help you protect the benefits that are rightfully yours.
Our disability benefits and wage garnishment attorneys at Marc Whitehead & Associates represent clients who need to shield their Social Security disability benefits payments from aggressive creditors. From our Texas offices, we protect disabled parties throughout the United States and fight the unscrupulous creditors that look for ways around the rules that prevent garnishment of disability benefits.
Federal Rules Include Exceptions that Allow Certain Disability Garnishments
The federal rules that preclude garnishment of disability benefits may not apply to debts that you owe the government or that arose from court-ordered verdicts. Specifically, a creditor may be allowed to garnish your disability benefits if:
- You owe unpaid taxes to the federal government
- You have repayments due for federally-guaranteed student loans
- You have child support or alimony obligations
- A court ordered you to pay restitution to a victim following your criminal conviction
- You owe other amounts to the federal government.
If your disability benefits have been or are in danger of being garnished to reimburse these or other debts, your optimum strategy is to retain lawyers for wage garnishment. They can help you to negotiate a repayment plan that does not significantly erode the disability benefit payments that you deserve.
Hire a Lawyer Who Has Experience with Both Long Term Disability and Wage Garnishment Issues
Proving that you qualify for long term Social Security disability benefits is a separate and distinct process from protecting those benefits from garnishment. When you retain a long term disability denial attorney to assist you with your benefits application, they should anticipate creditors’ attempts to garnish those benefits and take steps to preempt it before it occurs. Those steps might include, for example, verifying that your bank does not freeze your account while garnishment attempts are pending and confirming that state and local laws and regulations against garnishment will also shield your benefits.
Call the Law Offices of Marc Whitehead & Associates for a Free Consultation
We will thoroughly analyze your case to place you in the best position to recover the full amount of your long term Social Security disability benefits and prevent private creditors from garnishing them. Please call any of our Texas offices to speak with one of our experienced wage garnishment lawyers about what you can do to keep your private creditors at bay.