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

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Old Apr 22nd, 2010, 05:09 PM   #1
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Default Can my social security disability be garnished because of defaulted student loans?

can my social security disability be garnished because of defaulted student loans?
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Old Apr 22nd, 2010, 08:54 PM   #2
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Default 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.

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Old Apr 30th, 2010, 05:37 PM   #3
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Default 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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Old Jun 9th, 2010, 06:59 PM   #4
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Default 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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Old Jul 19th, 2011, 03:28 PM   #5
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Default 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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Old Jul 25th, 2011, 07:48 AM   #6
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Default 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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Old Sep 15th, 2011, 01:58 AM   #7
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Default 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.
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Old Sep 15th, 2011, 02:05 AM   #8
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Default 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.
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Old Feb 28th, 2012, 07:23 PM   #9
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Default 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?)
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Old Feb 29th, 2012, 06:20 AM   #10
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Default 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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