Legal Question in Tax Law in Massachusetts

Demand from or Garnish Disability Check!

A letter from the IRS stated that a $2000+ mistake was made at my end on my 03 Fed Tax. I am on 100% disability and collecting SSDI as my only income.

Can the Fed Gov't demand or garnish my check, in whole or in part?

Thank you for your time and consideration.

Mike Salvas


Asked on 3/23/05, 3:36 am

1 Answer from Attorneys
Burton Haynes Burton J. Haynes, P.C.

Re: Demand from or Garnish Disability Check!

The IRS has a policy against issuing a levy (the IRS term for garnishment) against SSDI benefits. This is as distinguished from regular retiree social security benefits, which the IRS levies routinely.

You should call the IRS in response to the notice. Explain that you can't afford to pay the money, that your only form of income is social security DISABILITY (you must make this distinction), and ask them to post your account "currently not collectible."

On my website is an article I wrote for the Maryland Society of Accountants on the IRS's ability to reach retirement benefits. As I recall, the article included citations to the relevant section of the Internal Revenue Manual. The website is www.bjhaynes.com, then go to the "articles" section.

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Answered on 3/23/05, 8:21 am


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