Can Your Social Security Check Be Garnished for Medical Bills

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If you're struggling to pay medical bills, you might wonder if your Social Security check can be garnished to cover those costs.

The good news is that the Social Security Administration (SSA) has some protections in place to prevent garnishment of your benefits.

The SSA will only consider garnishing your Social Security check in certain circumstances, such as if you're delinquent on a federal student loan or if you owe child support.

However, if you're facing medical debt, the SSA is unlikely to garnish your check to pay those bills.

Can Your Social Security Check Be Garnished?

Social Security checks are generally protected from debt collectors, including medical bills. Federal law shields Social Security and most pensions from garnishment.

The IRS can garnish up to 15% of a person's Social Security, but only after providing a 60-day notice. This is a rare occurrence, but it's essential to be aware of the possibility.

Lower-income seniors can apply for "non-collectible now" status with the IRS, which can stop the garnishment. To qualify, a single person's income must be less than $2127, and a couple's income must be less than $2873.

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Social Security checks are automatically protected in bank accounts, with twice the monthly federal funds deposited being shielded from garnishment. For example, if a person receives $2000 in Social Security each month, $4000 in their bank account is protected.

A state tax collector cannot garnish Social Security for past-due state taxes. Seniors can contact the IRS to apply for "non-collectible now" status and stop the garnishment.

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Alternatives to Wage Garnishment

If you're facing medical bills and worried about your social security check being garnished, don't panic. There are alternatives to wage garnishment that can help you avoid financial hardship.

You can consider negotiating a payment plan with your creditors. This can be a more affordable option than wage garnishment and may allow you to pay off your debt over time.

Some hospitals and medical providers may offer financial assistance programs or charity care to patients who are struggling to pay their medical bills. These programs can significantly reduce or even eliminate your debt.

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In some cases, you may be able to settle your debt for less than the full amount owed. This can be a good option if you're unable to pay the full amount but want to avoid wage garnishment.

If you're receiving social security benefits and are having trouble paying your medical bills, you may be eligible for Medicaid or other government programs that can help cover your expenses.

Specific Income Types and Garnishment

Some types of income are protected from garnishment, including Social Security benefits, which can't be garnished at all. This includes Supplemental Security Income (SSI) payments, Veterans' Benefits, and Civil Service and Federal Retirement and Disability Benefits.

Social Security benefits are only protected up to two times the monthly amount you receive, so if you get $1,000 from Social Security, up to $2,000 is protected from garnishment. This means that if you have more than $2,000 in your bank account from Social Security, the creditors can garnish the amount over $2,000.

For more insights, see: Retirement Insurance Benefits

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Certain types of income, such as Social Security benefits, are exempt from garnishment altogether. You can also keep exempt income in a separate bank account to make it easier to show what funds are exempt from garnishment.

Here's a list of income types that can't be garnished:

  • Social Security benefits and disability payments
  • Supplemental Security Income (SSI) payments
  • Veterans' Benefits
  • Civil Service and Federal Retirement and Disability Benefits
  • Military Annuities and Survivors' Benefits
  • Railroad Retirement Benefits
  • Merchant Seamen Wages
  • Longshoremen’s and Harbor Workers’ Death and Disability Benefits
  • Foreign Service Retirement and Disability Benefits
  • Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
  • Federal Emergency Management Agency (FEMA) Disaster Assistance
  • General Assistance Benefits
  • Family Independence Program (FIP) grants
  • Food Assistance Program (FAP)
  • Electronic Benefits Transfers (EBT)
  • State Disability Assistance
  • Student loan disbursements, grants, or work assistance, so long as the debt isn't from unpaid student loan payments
  • Unemployment Compensation benefits
  • Worker’s Compensation benefits
  • Private health or life insurance
  • Michigan Public Employee Retirement Benefits
  • Pensions covered by ERISA

Debt Collection and Garnishment

Debt collection for medical bills can be a stressful experience. Hospitals can garnish your wages for unpaid medical bills, but they must first sue you and get a court order for wage garnishment.

If a hospital sues you for an unpaid medical bill and wins the case, they can get a court order called a judgment, which allows them to take money directly from your paycheck to put toward the debt. This is the wage garnishment order.

A wage garnishment can leave you with little or no disposable income and make life stressful, but federal law limits how much money a creditor or debt collector can take from your paycheck.

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Wage Garnishment for Medical Bills

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Hospitals can garnish your wages for unpaid medical bills if they first sue you and get a court order.

A lawsuit is often a last resort for medical facilities or collection agencies, but it's a possibility if you don't pay your healthcare bill.

Medical debt can add up fast, and hospitals will use the same debt collection tools as other creditors to collect these debts.

These tools include calling you, sending you notices in the mail or via email, and enlisting a collection agency to help collect the debts.

If a hospital sues you for an unpaid medical bill and wins the case, it can get a court order called a judgment, which allows it to take money directly from your paycheck to put toward the debt.

Having your wages garnished can leave you with little or no disposable income and make life stressful.

Federal law limits how much money a creditor or debt collector can take from your paycheck.

Not responding to a medical debt collection lawsuit virtually guarantees that the debt collector will win and be granted a default judgment, opening up the avenue to debt collection measures like garnishing your paycheck.

Court-Ordered Payments

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A court order can be a scary thing, but understanding how it works can help you take control of your debt. A court order can force you to make payments towards a debt, and it's usually a result of a lawsuit filed by a creditor.

If you're sued by a hospital or medical facility, they can garnish your wages if they win the lawsuit. This means they'll take a portion of your paycheck to pay off the debt.

You have options, though. You can try to work with the hospital outside of court to negotiate a settlement or set up a payment plan. This can be a good way to avoid wage garnishment.

Certain types of income, like Social Security benefits, are protected from most debt collectors. Creditors may not garnish any portion of Social Security income.

If you have a bank account with Social Security or other federal benefits deposited into it, the bank is required to protect those funds from garnishment. They'll automatically protect twice the amount of monthly federal funds deposited, no matter where the funds came from.

Ignoring a lawsuit is not a good idea, as it virtually guarantees that the debt collector will win and be granted a default judgment. This opens up the avenue to debt collection measures, including garnishing your paycheck or putting a lien on any property you may own.

Can IRS Garnish Social Security?

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The IRS can garnish 15% of a person's Social Security benefits, but they must provide a 60-day notice first.

Lower-income seniors can qualify for "non-collectible now" status with the IRS, which means they won't have to pay anything. A single person with income less than $2127 and a couple with income less than $2873 can qualify for this status.

Seniors with higher incomes can make arrangements to pay taxes under $50,000 over five years to prevent the garnishment of Social Security.

It's also possible to discharge taxes over three years old in bankruptcy, but this can be a complex process.

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Debt Collector Calls

It's fairly common for hospitals to turn unpaid medical bills over to a third-party debt collection agency.

Federal and state laws protect you from harm and harassment by debt collectors. The Fair Debt Collection Practices Act (FDCPA) is a federal law that applies to most third-party debt collectors.

Debt collectors must validate the debt and advise you of your right to dispute it. This is a crucial step in the debt collection process.

If a debt collector violates the FDCPA, you can use this as a defense if they bring a debt collection lawsuit.

Social Security, Pensions, Disability, and VA Benefits Are Debt-Protected

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Social Security, Pensions, Disability, and VA Benefits Are Debt-Protected.

Social Security benefits are completely protected from most debt collectors, including medical debt collectors. This means that creditors may not garnish any portion of your Social Security income.

Pensions covered by ERISA are also protected from garnishment. This includes pensions from private employers and some state and local governments.

Disability income in its various forms is protected under many different state laws. This includes disability payments from Social Security and private insurance companies.

VA benefits are protected under federal law. This means that creditors may not garnish any portion of your VA benefits.

Some types of income, such as Social Security benefits, are protected from most debt collectors. Creditors may not garnish any portion of Social Security income.

Here is a list of some protected income types:

  • Social Security benefits
  • Pensions covered by ERISA
  • Disability income
  • VA benefits
  • Unemployment Compensation benefits
  • Worker’s Compensation benefits
  • Private health or life insurance
  • Michigan Public Employee Retirement Benefits
  • Pensions covered by ERISA

Anna Durgan

Junior Assigning Editor

Anna Durgan is a seasoned Assigning Editor with a passion for guiding writers in crafting compelling stories that educate and inform readers. With a keen eye for detail and a deep understanding of the publishing industry, Anna has honed her skills in assigning and editing articles on a range of topics. Anna's expertise lies in managing complex editorial projects, from researching and assigning articles to ensuring timely publication.

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