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Exemption/Bank Accounts

The protections afforded Social Security and SSI recipients under 42 U.S.C §407 has provided that, with few exceptions, Social Security and SSI benefits are exempt from creditors.

ARTICLES

OTDA Changes Protect Exempt Benefits
The Office of Temporary and Disability Assistance (OTDA) has altered its Property Execution (PEX) system to prevent the seizure of bank accounts when the respondent is a recipient of Title II or Title XIV benefits. Read More

Protecting Funds from Illegal Seizure
Alarmed by the number of calls coming in dealing with the improper seizure of bank accounts containing funds which are exempt from seizure under federal law, including Social Security, disability benefits, pensions, child support and other essential income, Empire Justice staff began looking at the issue more closely. Read More

Banking Alternatives for Dedicated Savings Accounts
As DAP advocates know, retroactive benefits for children’s SSI cases must be put into a Dedicated Savings Account (DSA) and used for extraordinary items related to the child’s disability. Since SSA will not pay any retroactive benefits until the DSA is established, what can representative payees do if they have a bad bank history and cannot find a financial institution that will accept their account? Read More

Exempt Funds Given More Protection
The protections afforded Social Security and SSI recipients under 42 U.S.C §407 may take on new meaning in New York next year. Known as the anti-attachment statute, §407 has long provided that, with few exceptions, Social Security and SSI benefits are exempt from creditors. DAP advocates, however, know all too well the problems that beneficiaries face when their benefits are nonetheless seized from their bank accounts by creditors. Read More


Exemption/Bank Accounts: Articles



IN THE NEWS

New Rules Kick in for Social Security and SSI on May 1
Beginning May 1, 2011, elders, veterans, and the disabled can rest a bit easier as a new federal rule kicks in that will limit creditors’ ability to seize funds from Social Security, Social Supplemental Income (SSI), VA, and other federal benefits held in bank accounts in favor of direct deposit or prepaid cards Read More






NEWSLETTERS

Disability Law News - March 2013 Issue
The Disability Law News is a quarterly newsletter published for DAP advocates. Featured in this issue are details on the new Social Security Ruling (SSR) 13-2p Evaluating Cases Involving Drug and Alcoholism (DAA). Additional articles include an analysis of the Court of Appeals decision on the treating physician rule. Also in this issue you will find articles on regulations, additional Court Decisions and many helpful websites listed in Web News. Read More

Disability Law News - July 2009 Issue
The Disability Law News is a quarterly newsletter published for DAP advocates. Featured in this issue is an article "Court of Appeals Issues New Decisions". Also in this issue you will find articles on Regulations, Court Decisions, Administrative Decisions, and the Bulletin Board along with other articles. Read More