Dealing with Debt

questions & answers

Question: I HAVE A LINE OF CREDIT LOAN AND A LOAN FROM ON LINE WILL THE COURT AGREE TO GET MONEY FROM RETIREMENT FROM VA SYSTEM AND SS

Answer:

An SSA recipient may NOT “assign” any part of his/her benefits payments to pay a third party creditor, according to GN 02410.001 of the Social Security Administration's Program Operations Manual System (POMS).  This is explained in part, as follows:

“Sections 207 and 1631(d)(1) of the Social Security Act (the Act) prohibit “transfer” or “assignment” of a beneficiary or recipient’s right to future payment under title II and title XVI respectively. These sections of the Act prohibit the transfer of control over money to someone other than the beneficiary, recipient, or the representative payee. These sections also protect the beneficiary or recipient's right to receive payments directly, and to choose how to use the payments. 

Prohibited assignments of SSA benefits include when: 1)a beneficiary or recipient requests that we pay his or her payments to someone other than the beneficiary or the beneficiary’s representative payee or 2) a court orders SSA to make payment to a party other than the beneficiary or recipient, unless one of the specific exceptions in GN 02410.001B in this section exists.”

(see Social Security Act Sec. 207, Sec. 1631(d)(1), United States Code 12 USC 3401, 42 USC 407, 42 USC 1383(d)(1) )