Can the state levy my SSI or my military disability?

UPDATED: Jun 30, 2015

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Can the state levy my SSI or my military disability?

Asked on June 30, 2015 under Bankruptcy Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

SSI and disability payments are collection proof: they cannot be directly garnished or levied against. However, once the money is in your bank account, if they levy on the bank account itself, they can get the money: once the money has been received by you, its source does not matter. Therefore, allowing money to accumulate in a single bank account, so it becomes a tempting target, can defeat the protection you otherwise get.

(Note that there are some exceptions to the protection from garnishment/being levied: these sources can be garnished for child or spousal support or for federal taxes, I believe.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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