Arrearage Taking My S.S. Disability
My question involves child support in the State of: Florida
I recieve Social Security Disability . department of revenue intercepted my disability income which was 900.00 an they take 600.00 leaving me 300.00 to live on . which is totally unfair that is all i have to live on . i am now failing in bills an nothing for food . I am mentally ill and dont have understanding of how to cope with this problem . Or what to do or where to get help ? hiring a lawyer is out of the question i have no money now. what can be done the kids are 24 n 21` there mother owns a house an has a great job with income more than i ever had . i am living off the kindness of someone but now its getting tough an there patients are limited . i used to buy my own food but now i am starving . nobody cares for me . an suicide is a thought please help ? arrears acumulated due to my disabilities an she knew i wouldnt understand how to deal with it . i am 50 an losing all hope to survive with this income . please help :confused:
Re: Arrearage Taking My S.S.disability
Suicide is not where you want to go. I implore you, if your thoughts turn to suicide, to call the National Suicide Prevention Hotline at 1-800-SUICIDE.
You need to petition for a modification in support.
Re: Arrearage Taking My S.S.disability
Quote:
Quoting
disabled
My question involves child support in the State of: Florida
I recieve Social Security Disability . department of revenue intercepted my disability income which was 900.00 an they take 600.00 leaving me 300.00 to live on . which is totally unfair that is all i have to live on . i am now failing in bills an nothing for food . I am mentally ill and dont have understanding of how to cope with this problem . Or what to do or where to get help ? hiring a lawyer is out of the question i have no money now. what can be done the kids are 24 n 21` there mother owns a house an has a great job with income more than i ever had . i am living off the kindness of someone but now its getting tough an there patients are limited . i used to buy my own food but now i am starving . nobody cares for me . an suicide is a thought please help ? arrears acumulated due to my disabilities an she knew i wouldnt understand how to deal with it . i am 50 an losing all hope to survive with this income . please help :confused:
I have searched and searched for the laws on the max amount that can be garnished from SSDI, and still have not been able to find any real answers.
However, today I did find something that is very interesting. It is Congressional Response Report, dated July 2, 2008. It is very long and a little confusing, but I scrolled down I found this included in the report: (according to this report COGS is Court Ordered Garnishment System)
SOCIAL SECURITY ADMINISTRATION GARNISHES TITLE II BENEFITS
Section 459 of the Act, 42 U.S.C. § 659, contains a specific exception to section 207 so Title II benefits are generally subject to legal process (that is, writ, order, or summons) brought by an individual in a State court for the enforcement of a legal obligation to provide child support and/or make alimony payments. SSI payments are not subject to levies or garnishment.
At SSA, the manager (or designated representative) of any Social Security field office or processing center can be "served" (that is, delivered in a manner prescribed by law) a legal process document for the enforcement of a legal obligation to provide child support and/or make alimony payments.
Therefore, SSA has implemented the COGS to process any garnishments. COGS is a national system to automate withholding from beneficiaries in compliance with State or court-ordered garnishment requests. The system will adjust Title II benefits, issue payments to the appropriate payee, as designated in the garnishment order, and issue appropriate notices to the garnished beneficiary and the Court.
COGS limits the garnishment amount to the lesser of the State maximum or the maximum under the Consumer Credit Protection Act (CCPA) (15 U.S.C. §1673 (b)) and
is based on the law of the State where the beneficiary resides. The CCPA limits garnishment to
50 percent, if the beneficiary is supporting a spouse and/or child other than the spouse and/or child whose support has been ordered;
60 percent, if the beneficiary is not supporting another spouse and/or child; or
55 percent or 65 percent respectively, if the garnishment order or other evidence submitted indicates the original support ordered is 12 or more weeks in arrears
Apparently, the Consumer Credit Protection Act restrictions do apply to SSDI garnishments. Here is a link to this report, print it out and take it to your SSA caseworker to find out what can be done to reduce your garnishment to the correct amount.
http://www.ssa.gov/oig/ADOBEPDF/audi...5-08-28031.htm
Please do not even consider suicide, there are ways to get help, so concentrate on that rather than the seemingly hopelessness of the situation.