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My SSDI is being garnished for student loans.

Asked Apr 4, 2012, 02:39 PM — 6 Answers
Hello,
I just found out that my direct deposit disability income is being garnished by the Department of Education. In trying to resolve this issue I was told that indeed the garnishment would continue even with an additional payment (rehabilitation program) being made each month for at least 9 months to a year.

Needless to say, the representative became a little abusive and in fact had lied to me in a previous phone call by saying that they had no knowledge of the garnishment. As I informed her, during the first year or so after leaving school I tried everything possible to get my debts under control and that yes, I had tried to refinance my home but was turned down.

I may lose my home. My income is below $1000 a month---the garnishment is almost $150. a month for a debt of approx. $4300 (+ interest).

Do I have any other recourse?

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6 Answers
readinghedgehog's Avatar
readinghedgehog Posts: 3, Reputation: 1
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#2

Apr 4, 2012, 02:47 PM
Okay, so I have found the answer under "Quick Answer". So please, no nasty replies--I'm done for the day.

--readinghedgehog
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JudyKayTee's Avatar
JudyKayTee Posts: 46,152, Reputation: 23855
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#3

Apr 4, 2012, 02:47 PM
It's probably not dischargeable in Bankruptcy.

Have you applied to have the loan discharged by reason of hardship? This usually involves serious health issues, is complicated but can be done.
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readinghedgehog's Avatar
readinghedgehog Posts: 3, Reputation: 1
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#4

Apr 4, 2012, 02:59 PM
Quote:
Originally Posted by JudyKayTee View Post
It's probably not dischargeable in Bankruptcy.

Have you applied to have the loan discharged by reason of hardship? This usually involves serious health issues, is complicated but can be done.
First, thank you for answering. I have not looked into this but have to see my doc on Monday and will talk to him. I was advised about this from one very helpful gentleman at TSAC. There are a very few nice people out there (in gov. employ) who are willing to help and share the knowledge.

Do you know what kind of paperwork this involves for my doctors? Where do I get the applications? Thanks again
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JudyKayTee's Avatar
JudyKayTee Posts: 46,152, Reputation: 23855
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#5

Apr 4, 2012, 03:23 PM
I woman I volunteer with JUST got her entire law student loan discharged because she was in a very bad auto accident. She's obviously well enough to volunteer. I know it was a lengthy process with a lot of paperwork.

I'll ask her when I talk to her tomorrow.

In the meantime - Your Options When You Can't Repay Student Loans - FindLaw
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olivia57's Avatar
olivia57 Posts: 2, Reputation: 1
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#6

Apr 5, 2012, 09:38 AM
I too have substantial student loans pending....yes you can get them discharged if you are Totally and Permantly disabled. Beware though, the student loan people use a standard different from Social Security, veterans have certain exceptions. The forms are on line in PDF form and can be printed. Read over carefully...good luck getting your Doctor to sign these.
Also,once those papers are signed, you can not work, ever again or even be able to volunteer anywhere. Good luck, my PCP of 12 years won't sign.
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olivia57's Avatar
olivia57 Posts: 2, Reputation: 1
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#7

Apr 5, 2012, 09:40 AM
are there Any Doctors that are willing to see you, take your history, and review all medical records that are willing to attest to and sign these papers
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