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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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teejay53

Garnishment Of Ss Or Dic

Question

hi all;

i have another question which i am stressing a lot over (as always ... of course).

i have several creditors that will not do even talk abt pmt arrangements. the bills totaled are abt $3,800.

i do not nowhere near have that much to pay them in a lump sum. can they garnish my dic and social security disability checks? if they beat me to the bank i would not be able to pay my rent and utilities.

again i thank all of you for your help.

have a happy holiday.

teejay

:sad:

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i forgot i live in oklahoma, i do not know if it makes a difference which state i live in?

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It is supposed to be protected, but If I were you I would have checks sent instead of direct deposit for a while. I would also talk to an attorney about the other available option.

J

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Both VA and SSA benefits are exempt from any garnishment except debts owed to the federal government and child support. It is best you do not intermingle those funds with other funds in the account where they are received. A recent change in the regulations has a scale of how much more is in the bank versus how much you receive in benefits. Even if there were other funds intermingled the bank has to calculate which funds are exempt and which funds are not. I seem to remember that if any amount less than three months worth of VA and/or SSA benefits are in your account, then that amount is completely exempt.This sounds silly but it is true: If you ever over draw your account after the deposit of non VA and SSA benefits, those non VA and/or SSA funds no longer exist for the purpose of garnishment. In any event, the creditor will need a court order to garnish any funds. Do not ignore a summons to court. You must respond and defend your position or the creditor will get a default judgment against you. If VA and SSA benefits are your only income, you are more or less bullet proof. That doesn't mean that the creditors won't try to garnish your accounts. Be prepared in advance. In court, you will have the opportunity to tell the judge that your benefits are exempt.

Rather than put all of the information here, I suggest you Google Fair Debt Collection Practices Act and read as much as you can.

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I ran into something close to your perdictiment about 10 years ago. Thinking I was good with my money in the bank. WRONG!!! Unless the banks have changed why would you want to chance it? JMO, I would withdrawl everything except leave a little, cause its always better to try to get back a little than alot! But then again, that's just my opinion.

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