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Auntkiki Asked October 2012

Can I stop the I.R.S. from putting a levy on mom's SS check?

3 months ago I found out my mom has Dementia. So me and my husband moved her in with us. Since she moved in I have been paying all her bill with her check. Today she got something from IRS that they are putting a levy on her SS check. It takes all she gets to pay all the bills she hasn't been paying. Is there anyway I can stop this?

Auntkiki Nov 2012
Thank you igloo. I am going to see a lawyer to get all my paper work done. DPOA and Medical. I will also get a letter from Dr. So far they haven't started taking from her check. I live in a small town so will have to call.

igloo572 Oct 2012
Kiki - also you really want to speak to a "has been working there forever" treasury employee. Probably not the one you speak with initially - they can't do much beyond whatever is in the script in their handbook. You want to speak with a veteran treasury agent if you can - my experience is if you have all your documentation in order, including the legal POA's, the t.a. might be able to get it done in quite short order (they are not nessisarily doing this for your benefit, per se, but more about how they know the bother of paperwork in having to reverse and change stuff...). Again timeliness and documentation is VERY important as you want to get this done before the levy goes into processing.Good luck.

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igloo572 Oct 2012
Call the IRS asap and you need to speak to an actual person. This isn't easy and if you live in a big city with IRS office this might be better. What you probably want to do is get an "Offer in Compromise" agreement done or have the levy assigned as "Currently Not Collectible" (this is better but not as easy). You need to take your DPOA paperwork and a "she's got dementia" letter from her doc is a good idea too plus whatever from IRS. The levy is usually 15% till it's repaid so it's not awful; the offer in compromise you might be able to get to 10% but will take longer to pay off; the currently not collectible makes it all go away but usually they have to have huge medical needs or in a NH to make this happen. But whatever the case, IRS is very much about submitting requests in a timely manner. You kinda need to start off that you just found out about this due to your mom's dementia and limited cognitive ability and recent move. Like you found out yesterday. Saying your planning on moving her to a NH in the near future is a good thing to mention as you need to know what happens if she does an offer in compromise but goes into a NH next year and the NH needs her SS check too.The treasury agent might actually suggest that it goes "currently not collectible" rather than "offer in compromise" as they don't want to have to reopen and deal with her file when she goes into a NH eventually. But whatever the case you need to deal with this like soon and you have to talk to a real person @ IRS and do the followup asap.

playagrandma Oct 2012
well there you go-the IRS can and will withhold her ss checks. again i strongly recommend you call them asap. have they taken it yet? you may need a lawyer to help you with this one Good luck

Auntkiki Oct 2012
Forgot to say she does owes back taxes.

playagrandma Oct 2012
The IRS cant withhold any of her ss check unless she owes back taxes, student loans or child support and i doubt they would notify her. However are you sure this letter came from the IRS? sound llike some kind of fraud to me. I would contact the IRS as soon as possible.

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