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Can my social security disability be garnished because of defaulted student loans?

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  • Can my social security disability be garnished because of defaulted student loans?

    can my social security disability be garnished because of defaulted student loans?

  • #2
    Re: Can my social security disability be garnished because of defaulted student loans

    I wish to inform you that Social Security Disability can be garnished because of a defaulted student loan. Howeve,r if you desire and meet the necessary conditions then you can apply for discharge of debt due to total and permanent disability to US Department of Education, Texas. In this you will have to attach their certificate from a physician and after this Department will verify themselves the fact of application and if they find your application within the criteria then your debt may be discharged.

    AFF

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    • #3
      Re: Can my social security disability be garnished because of defaulted student loans

      Is there a limit as to how much they can garnish each month? Or can they take the entire check?

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      • #4
        Re: Can my social security disability be garnished because of defaulted student loans

        They debt company in working with told me they can take 15% a month of your social security

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        • #5
          Re: Can my social security disability be garnished because of defaulted student loans

          if my ssdi is lower than 750.00 per month can they still take 15%

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          • #6
            Re: Can my social security disability be garnished because of defaulted student loans

            Social security benefits can only be attached for debts owed the federal government. If you have outstanding student loans, yes, your benefits can be attached.

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            • #7
              Re: Can my social security disability be garnished because of defaulted student loans

              Unfortunately, yes. But there are some limitations too.
              Defaulting on student loans can also end in a lawsuit. The govt. and private lenders can sue in order to collect on loans. There is no limit on suing to collect on federal student loans, and the borrower can be sued indefinitely.
              The best/favorable part is private student loans, in most cases, are subject to statue of limitations laws depending on the place/state/country.
              For any dependable professional Lawyer Services feel free to contact on www.zimmermanandzimmerman.com

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              • #8
                Re: Can my social security disability be garnished because of defaulted student loans

                Hi,
                The best part in your case is the law system named statue of limitations. It is an enactment in a common law legal system that sets the maximum time after an event that legal proceeding based on that event may be initiated and that time period is often known as periods of prescription.

                I hope this will help you to understand that what is your stand in this case.
                All the best.
                For any dependable professional Lawyer Services feel free to contact on www.zimmermanandzimmerman.com

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                • #9
                  Re: Can my social security disability be garnished because of defaulted student loans

                  Hi, I'm just curious... My student Loan is 23 years old. I became disabled 2 years ago and applied for SSDI and it was granted 3 months later and social security paid me $11,000+ in back pay calculating 6 months from the day I became disabled. I was surprised when the government didn't take a single dime of it, however, the following January, I received a $250 stimulus payment (I think that's what it was called) and the government took it immediately an applied it to my outstanding defaulted student loan. They have not garnished my monthly checks at all. Why is it they didn't touch the back pay or my monthly pay, but took the stimulus pay? (am I correct in assuming that the statute of limitations is longer than 20 years for loans taken out in California?)
                  13 and a 1/2.... 12 Jurors, 1 Judge, 1/2 a chance.

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                  • #10
                    Re: Can my social security disability be garnished because of defaulted student loans

                    Federal statutes, not state come into play when it comes to collecting on debts owed the federal government. Ten years is the statute of limitations on income taxes due. The federal statutes need to be researched on the student debt question.

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                    • #11
                      Re: Can my social security disability be garnished because of defaulted student loans

                      I went into the state hospital, for four mos, in 2010, and was diagnosed w psychotic depression. I was immediately signed up for SSD. In 2012 they started garnishing my disability check, for student loans, and they ended up getting $8600. In the 5 yrs that I've been disabled, I've had 2 payees and 2 case managers, that never said a word about applying for a student loan disability discharge, and the 2 payees never noticed that there was a discretion between the amount on my award letter, which they receive every yr., and the amount they received for me, every month. I've been on 2 antipsychotics for 4 1/2 yrs, until Jan. It took 6 mos to finally come back to life, but I finally became more aware of my surroundings about 3 mos ago, and started looking at my payee statement, and noticed the $215 missing, every mo. Another girl in my building told me about the disability discharge and I signed up immediately applied, and will probably receive it. My question is...is there anyway to get the $8600 back?

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                      • #12
                        Re: Can my social security disability be garnished because of defaulted student loans

                        The only money you would receive back is anything collected after the date you applied for the discharge.

                        Keep in mind that you don't qualify for a discharge simply by virtue of being on SSDI. The length of your CDR period and other factors are taken into account.

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                        • #13
                          Re: Can my social security disability be garnished because of defaulted student loans

                          Depends on who you owe the money too. The Feds can garnish your SSDI.
                          Due to a recent promotion, I should now be referred to as Major Obvious.

                          I would not be trying to provide information and knowledge if I did not sympathize.

                          Some days it is just not worth chewing through the restraints to face life.

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                          • #14
                            Re: Can my social security disability be garnished because of defaulted student loans

                            Federal monies such as social security and social security disability can be garnished for outstanding student loan debt.

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