Question:

Can the IRS garnish Social Security Disability payments?

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My mom owes back taxes. She would like to pay them off, but she cannot work right now. She's severely disabled with a spine injury and is basically homebound. She's just been approved to received Social Security for her disability. She's afraid they will garnish her disability income which is her only source of income. Can IRS take her disability money?

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4 ANSWERS


  1. Yes but she will be given notice of intention to levy first. At that time she can present her hardship case.

    http://www.irs.gov/individuals/article/0...


  2. Yes the Social Security can be garnished, the best thing to do is complete Form 9465 Installment Agreement Request if she can afford to pay. If she can not afford to make monthly payments then download Form 433F Collection Information Statement and mail to appropriate IRS address, her account can be labeled as "currently not collectible" and interest and penalties continue to accrue and she will receive a year notice reminding her of the balance due.  It is better to offer to pay a monthly payment if she owes up to $1,499.00 the minimum payment IRS will accept is $25.00 (for tax years 2002 through 2007).

    $1500 to $3000.00 payment should be $50.00 monthly.

    Make sure she contacts IRS herself as IRS will not release any information to you unless while she is on the phone she give IRS permission to speak to you.

  3. no, they can not take your moms disability, but the interest will grow the debt fast, try to pay it off with a loan as soon as possible.

  4. Yes but it's generally limited to 15%.  If she's in an extreme hardship situation, the IRS may well place her account into uncollectable status until she gets back on her feet.  Any penalties and interest will continue to accrue however.  She needs to get in touch with the IRS and work this out. The worst thing that she can do is to ignore their attempts to collect.

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