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Under federal law, your VA benefits can only be garnished for the following:

  • Child Support
  • Alimony
  • Unpaid Back Taxes
  • Debts to other Federal Agencies

There has been a problem, however, with debt collectors freezing and levying bank accounts after the disability deposit has been made. If this happens, you have to go to court to stop them.

Unemployment benefits are administered by the state, not the federal government. If there is a levy against your account or a writ of garnishment on your VA Disability check for overpaid unemployment compensation, contact your local Vet Center (see link below) or legal aid society for assistance.

The answer above is not wholly true. VA disability cannot be garnished for child support. The law states only when VA disability is for retirement purposes and only then can it be used to calculate child support. However there is this thing called a proportionate that can take up to 80 percent of a members income, and it has to go through and be approved by the VA office. But that is used only when one is not paying a sufficient amount and not making an effort to pay child support. The reason for the law is so the deadbeats do not waive the military retired pay in order to receive disability which they think they can get away with not paying child support.

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Q: Are my VA disability benefits garnishable to pay back overpayment of unemployment benefits?
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Can unemployment agency take overpayment from social security disability?

If you were over paid by unemployment can that affect your social security benefits at all


Could you owe in overpayment and still receive disability?

Yes, usually SSA will keep a portion of your disability benefits until the overpayment is paid in full. If you're in an overpayment, you might try applying for a waiver.


Can your benefits be attached by law?

Unemployment benefits can be garnished for spousal or child support and may be reduced by any amount of overpayment of previous unemployment benefits. Creditors cannot attach the benefits, however.


If you owe unemployment can they deduct it from your income tax?

The state can't take overpayment of unemployment benefits from a Federal tax refund. Some states have provisions to deduct such from the state tax refund of their state. Most states will take a percentage of future unemployment benefits to pay off unemployment compensation overpayment.


Can overpayment unemployment debt be taken in tax refund?

Yes. Unreturned unemployment benefits overpayments may be deducted from your federal income tax refund.


Are unemployment benefits affected by Social Security Disability benefits?

Because the SSA is very stringent about allowing Social Security Disability benefits, you are most likely to not qualify for unemployment benefits because you have to be able to work, which the SSA had to admit you couldn't.


Can I collect both long term disability benefits and unemployment benefits while waiting for next disability benefit at the end of October?

In order to collect unemployment benefits, you must be physically able to work. In order to get disability benefits, you must NOT be able to work. So you can't have it both ways.


Can you get unempolyment while getting long term disability?

Disability benefits are received if you are unable to work. Unemployment is paid if you are able to work and actively searching for employment. These two definitions are contradictory, so you won't be able to legally collect disability benefits and unemployment.


Will unemployment benefit reduce for pension recepient?

Yes. Each week when you complete your unemployment certification, you are certifying that you aren't receiving pension benefits. If you are receiving both, it will eventually catch up with you ad you'll get a notice of overpayment of unemployment benefits. I know it's frustrating.


If you were getting unemployment now and they approved you for disability are you able to get both?

YOu cannot receive unemployment benefits at all unless you are available for work and actively seeking work. So, if you are DISABLED, you are not fit for work, and are disqualified from UI benefits.


Is there an unemployment disability benefit?

If you file for unemployment and are not able to work, then you will be ineligible for benefits. However, if you are currently receiving benefits and become disabled, then yes...you would be flagged in their system to continue with benefits. It is a process because once you notify them of your disability, then your benefits will be placed on hold, you will be sent medical documentation for your Doctor to fill out, and return. The unemployment office will only know if you are disabled if you tell them.


Can unpaid unemployment taxes be garnished from current unemployment checks?

Depending on the state, if it is overpayment of benefits due the state then probably yes. Otherwise, unemployment taxes are levied against the employers, not the employees so there would be no garnishment in that case.