Can the state levy my SSI or my military disability?

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Can the state levy my SSI or my military disability?

Asked on June 30, 2015 under Bankruptcy Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.)


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