Can Social Security survivor benefits be garnished for debt?
Summary
Social Security survivor benefits usually cannot be taken by private debt collectors for things like credit cards or medical bills. However, some government agencies can collect money from these benefits for things like unpaid taxes, federal student loans, or child support.Key Facts
- Social Security survivor benefits help spouses and dependents after someone dies.
- These benefits average about $1,574 per month.
- Federal law protects these benefits from most private creditors trying to take money for common debts.
- The IRS can take up to 15% of survivor benefits for unpaid federal taxes.
- Federal student loans and unpaid child support can also lead to garnishment of these benefits.
- Money already paid into a bank account may be vulnerable to garnishment beyond two months’ worth of Social Security deposits.
- If a bank freezes funds, the beneficiary may need to prove in court that the money came from Social Security.
- Knowing your rights can help protect your survivor benefits from improper collection efforts.
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