Debts of Beneficiaries

Can creditors seize funds?

To assure an income for a beneficiary’s current needs, funds cannot be seized by creditors except in cases of garnishment for the legal enforcement of providing child support and alimony, and the IRS may levy for taxes owed. Also, importantly, the SSA may seek a refund of a Social Security or SSI overpayment.

Can a Representative Payee pay bills of the beneficiary incurred before the payee began receiving the payments?

If a beneficiary’s current and reasonably foreseeable needs are met, a Representative Payee may use funds to pay bills incurred by a beneficiary before the first month the SSA began to pay benefits to the Representative Payee. Note: If the payee is a fee for service Representative Payee they cannot be a creditor to the beneficiary. A Representative Payee who is not taking a fee for service may be a creditor. However, if a debt is owed to the Representative Payee, the payee must obtain approval from the SSA prior to using funds for self-reimbursement. A Representative Payee should contact a local Social Security office.