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Why can the IRS take all of my monthly SSDI income ?

Asked Jan 26, 2012, 10:07 PM — 15 Answers
The SSA sent me a letter stating that they will be sending all of my monthly social security payments to the IRS.

15 Answers
ebaines's Avatar
ebaines Posts: 10,138, Reputation: 5589
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#2

Jan 27, 2012, 05:57 AM
The IRS may indeed garnish your SS payments if you owe back taxes. You ask "why" they can do this - it makes sense that somone who has not met their own tax obligations should not enjoy further payments from other tax payers.
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booboospider's Avatar
booboospider Posts: 6, Reputation: -1
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#3

Jan 28, 2012, 08:12 AM
SSDI benefits levied at 100%
Can the IRS take 100% of SSDI benefits, and what law gives that authority .
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,887, Reputation: 3728
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#4

Jan 28, 2012, 09:44 PM


However, if the SSDI is your ONLY source of income, you CAN stop the garnishment action by proving to the IRS it IS your only source of income.
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,887, Reputation: 3728
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#5

Jan 28, 2012, 11:57 PM


Not sure about the law, but they CAN take your 100% of your SSDI UNLESS you can proof you need the SSDI to survive. You essentially must submit paperwork that shows all of your assets and income sources to proof the need for the SSDI.
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booboospider's Avatar
booboospider Posts: 6, Reputation: -1
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#6

Jan 29, 2012, 07:37 AM
I have sent replies to the IRS in the form of Notice & Demands by cert Mai to every letter I get from them, over 40 so far. They never reply. I went to a summons meeting and answered all the questions they had, but they did not like any of my answers, even after I signed the document supporting my statement. Then they told their legal department I didn't show up. I did record the meeting, thank God. I have never received any final notice of levy and yes I know they have not sent one. I asked for my master file and after looking that over I see no final notice being sent. For you that judged me and assumed I didn't pay my taxes you are wrong.
In the master file they write that they believe I own a company by the name of Starwood, I don't . I have even asked for a collection due process hearing ,but have not gotten one. Here is my simple question. I see the law that gives them power to take 15 %, but can anyone show me the law the over rides the the social security act that list only 5 way the SSI can be taken? Don't IRS agents have to follow the rules or are they free to do what ever they want?
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,965, Reputation: 37221
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#7

Jan 29, 2012, 07:47 AM


IRS has close to unlimited power at times and they often act first and then you will have to fight them, in hearings they control to fight them.

The issue is first, why do they think you owned this company, obviously they feel you do, and that you are lying and not paying taxes on this property.

Has someone stolen your identity, is someone using your social security number ?
Have you had this investigated, have you filed a police report for stolen ID.
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booboospider's Avatar
booboospider Posts: 6, Reputation: -1
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#8

Jan 29, 2012, 07:50 AM
They are violating the Social Security Act that clearly states that no! Laws past can overrule it, and list the 5 exceptions that can take benifits. #5 states up to 15% not more.
JudyKayTee (Jan 29, 2012 02:41 PM): NA   Source:
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ScottGem's Avatar
ScottGem Posts: 58,586, Reputation: 28385
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#9

Jan 29, 2012, 08:55 AM
Quote:
Originally Posted by booboospider View Post
For you that judged me and assumed I didn't pay my taxes you are wrong.
Please review what you posted. You gave very little information leaving us to have to make assumptions. Please don't criticize us when you left us little choice.
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booboospider's Avatar
booboospider Posts: 6, Reputation: -1
New Member
 
#10

Jan 29, 2012, 11:19 AM
I Don't understand what information you need to answer my question. What law(s) gives the IRS the ability to take 100% of a persons SSDI ? Also how can they get around the laws in the SOCIAL SECURITY ACT that say the max that can be taken for past due fed taxes is 15%.
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