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PAMichael
Oct 9, 2007, 06:35 PM
I have recently been approved for SSDI. Less than 30 days of the approval, the Dept of Education is already starting 15% garnishment action. My question is this: I also owe the IRS. Can they EACH garnish my SSDI for 15% for a total of 30% or is 15% the TOTAL amount of garnishment allowed under the law? I am getting scared because as it is, I can't afford my medical treatments on a 15% garnishment.

Also, I have looked into Loan Discharge, but, my SSDI approval letter does not state whether my Disability is "total and Permanent". I guess I have to go into their office to determine that part. Thank you in advance for your help!

mr.yet
Oct 10, 2007, 04:13 AM
Only one garnishment at a single time is permitted, thought the IRS can garnish the SSi, others cannot.

steph73
Oct 10, 2007, 07:06 AM
My other suggestion is call the us dept of education, they will usually help you out. Opt for a forbearance or deferment and that will put your account in good standing and keep them out of your ssdi. Call them right away, I know they garnished my IRS refund until I called them and started talking to them and keeping them apprised of my situation, now I'm in good standing with them even thought I have only made like 6 payments in the last 3 years. The IRS as well, if you ignore them it only gets worse. I have to be honest I would rather owe the us dept of ed and the IRS then any other collection agency. While they can get money no one else can they also will work with you, while no one else can. Make some phone calls, let me know how it goes.

PAMichael
Oct 10, 2007, 10:54 AM
My other suggestion is call the us dept of education, they will usually help you out. Opt for a forbearance or deferment and that will put your account in good standing and keep them out of your ssdi. Call them right away, I know they garnished my IRS refund until I called them and started talking to them and keeping them apprised of my situation, now I'm in good standing with them even thought I have only made like 6 payments in the last 3 years. The IRS as well, if you ignore them it only gets worse. I have to be honest I would rather owe the us dept of ed and the IRS then any other collection agency. While they can get money no one else can they also will work with you, while no one else can. Make some phone calls, let me know how it goes.

The loans are aleady in default and are being handled by Windham Professionals. There is no information in the letter that says I can contest it. I spoke to AES/PHEAA and they told me that I must deal directly with Windham Professionals.

I had entered a 9 month "loan rehab" program with Windham 4 months ago and yesterday the AES/PHEAA said that Windham had no authority to say that I wouldn't be garnished while in the rehab program. Now, today, they BOTH say that the $50 monthly payments WILL stop the offset. I am so confused and believe that they are BOTH lying to me just to get the $50 payment AND the $187 garnishment. :-(

Once you are in default and the loan is with a debt collector, it appears that we no longer have ANY rights to request a hearing or appeal garishment even based on disbility hardship. I have also spoken to SSDI to ask if I am isted as "totally and permanently" disabled. They couldn't answer that and said that I am "disabled" and no further info is available to me!
Thanks again

steph73
Oct 10, 2007, 11:32 AM
I don't know enough about these types of garnishments, I would suggest looking in your area for legal aid. Based on your income situation you probably can get help for little or no money and they can help look up the law in your state as to how this can be handled. SOrry I couldn't be of more assistance

PAMichael
Oct 10, 2007, 11:36 AM
I don't know enough about these types of garnishments, I would suggest looking in your area for legal aid. Based on your income situation you probably can get help for little or no money and they can help look up the law in your state as to how this can be handled. SOrry I couldn't be of more assistance

I appreciate your help and suggestions! Thank you for taking the time to answer! I will post any updates I find out.