investigations | January 19, 2026

Can the IRS take money from your disability?

If you have unpaid taxes from the past, the federal government has the right to garnish your social security disability benefits to cover these. Specifically, the federal agency Internal Revenue Service (IRS) will garnish a portion of your monthly benefits to pay for the arrears.

The IRS can utilize the automated Federal Payment Levy Program or use a manual levy. This applies to Social Security disability program payments, retirement payments, and survivor payments. However, the IRS cannot garnish lump-sum death payments, children’s benefits, and Supplemental Security Income (SSI).

Can the IRS garnish my Social Security disability check?

Yes, Social Security Disability benefits in California can be garnished.

What makes an employee a permanent total disability?

The worker’s occupation type is a factor in the disability rating. If an employee receives a 100% disability rating for their injury, this is classified as permanent total disability. Claimants may be entitled to an additional disability rating if they do not agree with the initial disability rating.

How does the permanent disability rating system work?

States use your permanent disability rating to determine the amount of monetary compensation you will receive to compensate you for your permanent impairment due to your industrial injury or occupational disease. In some states, the permanent disability rating corresponds to a certain number of weeks of wages worth of income you will be paid.

What does 10% permanent disability mean in California?

In some states, the permanent disability rating corresponds to a certain number of weeks of wages worth of income you will be paid. For example, in California, a 10% permanent disability amounts to 30 weeks worth of wages. In other states, your permanent disability rating corresponds to an exact dollar figure.

Can a person with disabilities get uncollectible status from the IRS?

The IRS May Grant You Uncollectible Status Sometimes people with disabilities or their families find themselves owing past-due federal taxes they cannot afford to pay. Although notices from the IRS can be especially frightening, there are solutions. If the sum owed is less than $50,000, the IRS will accept monthly payments over five years.