Comments on: The Social Security “User Fee” http://www.socialsecurityinsider.com/2008/12/the-social-security-user-fee/ Published by the Stasiuk Firm PC Sat, 11 Feb 2012 22:02:00 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/12/the-social-security-user-fee/comment-page-1/#comment-2237 TomaszStasiuk Sun, 26 Dec 2010 00:51:00 +0000 http://www.socialsecurityinsider.com/?p=727#comment-2237 Some Social Security benefits can be assigned, levied, or garnished. I have specifically addressed child support here: http://www.socialsecurityinsider.com/2009/05/can-you-garnish-social-security-disability-benefits-for-child-support/ A lot depends on whether the individual is receiving SSDI or SSI benefits. There is more discussion on this topic here: http://www.ssdanswers.com/2009/04/15/social-security-disability-and-child-support/ And here at SSA (scroll to the last question): http://www.ssa.gov/deposit/DDFAQ898.htm As far as whether assignment, garnishment or levy would reach the 25% that goes to the attorney (based on a standard fee agreement), I do not know. Certainly the attorney would protest. After all, there would be no benefits to be levied without the attorney's work and the third party attaching the benefits has been enriched by the lawyer's work on the SSA case. I am not arguing with you on whether you are entitled or not. I am just commenting on how the attorney might feel about it. :) Some Social Security benefits can be assigned, levied, or garnished. I have specifically addressed child support here: http://www.socialsecurityinsider.com/2009/05/can-you-garnish-social-security-disability-benefits-for-child-support/

A lot depends on whether the individual is receiving SSDI or SSI benefits.

There is more discussion on this topic here: http://www.ssdanswers.com/2009/04/15/social-security-disability-and-child-support/

And here at SSA (scroll to the last question): http://www.ssa.gov/deposit/DDFAQ898.htm

As far as whether assignment, garnishment or levy would reach the 25% that goes to the attorney (based on a standard fee agreement), I do not know. Certainly the attorney would protest. After all, there would be no benefits to be levied without the attorney’s work and the third party attaching the benefits has been enriched by the lawyer’s work on the SSA case.

I am not arguing with you on whether you are entitled or not. I am just commenting on how the attorney might feel about it. :)

]]> By: Rehoss http://www.socialsecurityinsider.com/2008/12/the-social-security-user-fee/comment-page-1/#comment-2235 Rehoss Sat, 25 Dec 2010 15:03:00 +0000 http://www.socialsecurityinsider.com/?p=727#comment-2235 if i am owed my exs lump sum back pay, does the attorney fees over ride a witholding order form court--in essence will social sec still pay the attorney if there is a witholding order in place for child support AND IF nit who ends up paying the attorney if i am owed my exs lump sum back pay, does the attorney fees over ride a witholding order form court–in essence will social sec still pay the attorney if there is a witholding order in place for child support AND IF nit who ends up paying the attorney

]]>