- Instructions
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- Community Support
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- Reporting Changes
- SSA Interviews
- Attorney Representation
- Become a Representative
LEGAL PROTECTIONS:
Social Security beneficiaries have several legal protections in place to safeguard their benefits and rights. Here are some key areas of legal protection:
Federal law provides strong protections for Social Security and other federal benefits from garnishment by debt collectors:
Before a debt collector can take Social Security or VA benefits, they must sue and win a judgment against the beneficiary1.
Direct deposit of federal benefits into a bank account or prepaid card provides the strongest legal protection against garnishment1.
Banks must automatically protect two months’ worth of directly deposited federal benefits from garnishment1.
Certain types of Social Security benefits have additional protections:
Supplemental Security Income (SSI) is protected from garnishment, even for government debts or child/spousal support1.
Social Security and Social Security Disability Insurance (SSDI) can sometimes be garnished for government debts or support obligations, but have protections in other cases1.
SSI recipients have specific rights and responsibilities, including:
The right to fair treatment regardless of race, color, national origin, disability, age, or religion5.
The responsibility to report changes that may affect eligibility or benefit amounts5.
The Protection and Advocacy for Beneficiaries of Social Security (PABSS) program offers services to beneficiaries, including:
Protecting rights regarding employment conditions4.
Helping beneficiaries understand and protect their employment rights and responsibilities4.
The Social Security Fairness Act of 2023, signed into law on January 5, 2025, provides additional protections:
It eliminates the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO), which previously reduced benefits for certain workers3.
Affected beneficiaries are expected to receive increases in monthly benefits and may be eligible for retroactive payments6.
These legal protections aim to ensure that Social Security beneficiaries can maintain financial stability and are treated fairly under the law.