Will the IRS Take My Social Security if I’m Currently Not Collectible?

Written by Evan wolf | Feb 17, 2026 11:50:30 PM

For many Americans living on a fixed income, Social Security isn't just a benefit, it’s a lifeline. If you owe back taxes, the fear of waking up to an empty bank account because of an IRS levy is overwhelming.

The short answer is: If your account is placed in Currently Not Collectible (CNC) status, the IRS will not levy your Social Security benefits.

However, understanding how to protect that income and what happens if you don’t take action is critical. Here is everything you need to know about IRS hardship, Social Security levies, and your rights in 2026.

How the IRS Normally Levies Social Security

Under the Federal Payment Levy Program (FPLP), the IRS has the authority to automatically take a portion of your federal payments to satisfy tax debts. This includes:

  • Social Security retirement benefits
  • Social Security survivor benefits
  • Certain federal employee retirement annuities

By law, the IRS can automatically garnish up to 15% of your monthly Social Security check. Unlike a private creditor, they do not need a court order to do this; they simply send a notice to the Social Security Administration.

Why CNC Status is Your Best Defense

When the IRS grants you Currently Not Collectible (CNC) status, they are formally acknowledging that you are in a state of "financial hardship." In their view, taking even 15% of your income would prevent you from paying for basic necessities like food, medicine, and housing.

The Benefits of CNC for Seniors and Fixed-Income Households:

  1. Immediate Stop to Levies: If a 15% levy is already in place, achieving CNC status will usually force the IRS to release the levy and return your check to its full amount.
  2. Protection of Bank Accounts: CNC status protects the money after it hits your bank account. Without CNC, the IRS could issue a bank levy, freezing every penny in your account, regardless of the source.
  3. Peace of Mind: You will stop receiving the dreaded "Intent to Levy" notices in the mail.

What About Supplemental Security Income (SSI)?

It is a common misconception that all "Social Security" is treated the same. There is a vital distinction:

  • Social Security (OASDI): Can be levied up to 15% unless you are in CNC status.
  • Supplemental Security Income (SSI): By law, the IRS cannot levy SSI. These payments are based on extreme financial need and are legally exempt from IRS collection actions.

If you receive SSI and the IRS is attempting to collect, you should contact a tax professional or the Taxpayer Advocate Service immediately, as this may be a violation of IRS protocols.

The "Hardship Threshold" for 2026

To keep your Social Security safe via CNC status, you must prove your "Allowable Living Expenses" exceed your monthly income.

In 2026, the IRS adjusted the National Standards for those aged 65 and older. Because seniors often face higher medical costs, the IRS allows a higher flat rate for out-of-pocket healthcare:

  • Under 65: $84/month per person
  • 65 and Older: $149/month per person

If your prescriptions, supplemental insurance, and co-pays exceed $149, you can provide documentation to increase this allowance, further lowering your "disposable income" and making it easier to qualify for CNC.

How to Apply for Protection

If you are currently receiving Social Security and owe the IRS, do not wait for the levy to start. Follow these steps:

1. Request a "Collection Appeal."

If you received a "Final Notice of Intent to Levy," you have 30 days to request a Collection Due Process (CDP) hearing. This is the best time to propose CNC status as an alternative to the levy.

2. Submit Form 433-F

For most individuals on Social Security, the IRS will accept Form 433-F (Collection Information Statement). This simple four-page document outlines your monthly income and expenses.

3. Highlight Your Age and Health

If your inability to work is due to age or a permanent disability, make this clear in your application. The IRS is more likely to grant long-term CNC status to those on permanent fixed incomes because their financial situation is unlikely to "improve" in the future.

Will the Debt Ever Go Away?

The best part of being in CNC status while on Social Security is the 10-year Statute of Limitations. If you stay in CNC status for the remainder of the 10-year collection period, the tax debt will eventually expire. For many seniors, this means the debt is effectively "cancelled" without them ever having to pay a dime of their Social Security toward the balance.

Summary: Don't Let the IRS Take Your Lifeline

The IRS is a powerful collection agency, but it is not heartless. The Currently Not Collectible program was designed specifically to protect people whose only income is a modest Social Security check.