I receive many phone calls concerning my clients who are trying to get on Social Security Disability. The problem is that they will not get Social Security Disability benefits until three years after the initial application. This creates a great deal of pressure and many times people move to bankruptcy to keep the creditors off until they obtain Social Security Disability benefits.
The Federal Law states that Social Security Disability benefits are exempt from levy. This means that they are not subject to garnishment or assignment by the trustee of the bankruptcy court. Some states have indicated that Social Security Disability payments may be paid to creditors but if they are mixed with other funds.
An example of this would be depositing your Social Security Disability check in with a general account that you pay your bills out of at home. I suggest that you create a separate account to receive your Social Security Disability income and that will prevent them from garnishing or taking it.
The main thing is that this should be done correctly. If you need help applying for Social Security Disability, please call me at 407-315-2182 or contact me through this website.
