Ask Larry

What Options Do I Have?

I just started So sec retirement and got taken off SSI. I was fine with SSI. I live alone and was receiving enough to live on. Now with Soc.Sec. I'm subject to all sorts of garnishments and I must pay for medicare. i have an old child support case in arrears due to my being disabled. After chils support and medicare deductions, I'm left with $347.00 to live on. Is it legal to garnish so much the operson will be forced into homelessness? With SSI I was receiving$794.00 SSI and $87.00 SSP for a total of $881.00 which was enough for me to live on. Now I don't know what to do. Offices are closed due to the pandemic. I've spent countless hours attempting to reach local Soc Sec office via phone, but I'm put on hold (up to 45minutes) then the call is abruptly ended. I obviously can't afford a lawyer What options do i have? Any ideas?

Hi. One thing you couldn't do is go back to drawing Supplemental Security Income (SSI). SSI is a needs based benefit, and one of the requirements for SSI is that you must apply for any other benefits to which you're entitled. In other words, if you wouldn't have applied for your Social Security benefits your SSI payments would have stopped anyway.

There are limits on how much of your Social Security benefit can be garnished, and when past due child support is involved up to 65% of your Social Security benefit payment can be garnished (https://secure.ssa.gov/apps10/poms.nsf/lnx/0202410215). I don't have enough information to be able to tell you whether or not the garnishment order(s) in your case has been properly applied in your case, but basically Social Security is required to comply with a legal garnishment order.

My expertise is limited to Social Security benefits, so I'm not sure what type of options may be available to you. I know that there are legal aid societies in many parts of the country that don't charge fees for representing clients, so you may want to try looking into that. You might also want to check around to see if there are any social service agencies or local support agencies that might be able to assist you.

Best, Jerry

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Posted: 
Aug 7 2021 - 10:58am
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