Will My Social Security Disability Be Shielded From Creditors?
If you are receiving social security disability payments and are in a situation where bankruptcy becomes an option due to overwhelming debt such as credit cards, medical bills, etc., your social security disability benefits are safe. Creditors cannot garnish or take away your social security income. By filing for bankruptcy, not only will monthly social security payments be shielded from creditors but any lump sum payments (for back benefits) will most likely also be protected from creditors. Additionally, social security disability benefits are excluded from the means test. The means test is a calculation used by the bankruptcy court to determine which type of bankruptcy you are eligible for, chapter 7 or chapter 13. However, the bankruptcy court may include social security disability benefits into your budget for making payments to creditors under a chapter 13 plan.

