I have been approved for SSD or SSI and will be receiving backpay. I will have a payee can my backpay be garnished for student loans? Is there anything I can do ? I will be homeless if this happens. Will they take all of it or can they only take a portion?

Hello j:

SSI can't be garnished.

excon

Back child support and student loans are the exception to the rule that SS benefits cannot be garnisheed - they can take 15% out of every check.

Here's the Court case (which is a lot of blah, blah, blah but informative): "Unfortunately for you, the U.S. Supreme Court unanimously decided in December 2005 that the government can seize Social Security benefits to pay off old student loans, in Lockhart v. U.S. (546 U.S.(04-881) 2005). The plaintiff in that case was a 67-year old retiree unemployed since 1981 and disabled after double heart bypass surgery and related health problems. He lived solely on his $874 monthly benefits. He had incurred $80,000 of student loans to attend various colleges back in the 1980s. When notified his benefits would be cut by 15 percent to repay his loans, he acted as his own attorney and filed an injunction action in federal court to block the Social Security offsets. The trial judge dismissed his case and that ruling was affirmed in Lockhart's appeal to the 9th Circuit court. He succeeded in getting the U.S. Supreme Court to hear the case, but it unanimously affirmed the prior ruling."

Thank you for answering, I appreciate it, however, I did find out that it can be garnished... read the next answer. jrucker7

Yes I do believe a few other government debts can also be gotten, but I would say they will get 15 percent of the check, and 15 percent of every check till it is paid.

Thank you very much!

Dear Forum,

This has happened to me. If there was one thing that an SSD/ssi recipient has over others is "time".

If you are na SSD/SSI recipeient and this happened to you.

Contact me to go to the Supreme Court during this presidents social policy.

In a America, its all about timing.

This case is saying "You should have known you were going to be disabled before you took out a school loan."

All you have to do is prove avarice and greed in the perverted and arrogant "world super power" court ruling in this case.

Remember what ruling party was in office in 2005?

Remember how they conveniently swapped-out the justices according to their whims?

It appears that Lockhart represented himself.

I am prepared to dedicate and commit to this as long as you are.

Notify me at >Removed<

Yes, while you are at it, get the free housing, free food and a new car

It appears that Lockhart represented himself because the opinion SAYS he represented himself.

JudyKayTee,

I hope you understand it was just a discovery statement. Also, I hoped to suggest that one shouldn't represent oneself alone these days.

jpeek345

You have offered to represent people in similar circumstances. Are you an Attorney? If you are, sorry, I missed that.

No. + No.

I was declaring, with the use of speculative wordage.

Ok hear is what I did I called the US Department of Education I told them I was disabled they sent me paper work to be filled out by my doctor he could only do some because of the agency policies so we sent them medical records plus my therapist wrote a letter explaining why my doctor could only fill out certain paper work and if they had any further questions to call him! That was done back in feb or march? And I have not heard from them since no calls no letters! We even sent the medical release statement that was given to the foodstamp office the stated my codition was permenet and would last for the rest of my life, this same medical release statement was given to the Texas Workforce Commission hear in houston tx and then they submitted it to the state! US Dept. will forgive the loans no matter the amount has long has you contact them and send all documentaion from doctor to them stating your disabilty and it will be forgiven but you can never get another student loan from them ever again that's the down side!

You are incorrect - your Doctor's idea of permanently and totalled disabled is not always the same as the Agency (State or Federal) which handed out the student loan(s). The "US Dept" will NOT forgive all loans no matter the amount as long as you send documentation from your Doctor.

A lot of this depends on your education and career and how well both translate to other work, perhaps not what you've done in the past.

There is a legal practice in my City which handles these very claims - and my friend is an Attorney there.

The down side is that if you ever go back to work you may be asked to pay the loan back AND of course you can't get another loan to go to school - the Feds figure if you're too sick to go to work you're too sick to go to school.

I am not aware of student loans being forgiven in the U.S. The government gave you the money in good faith to be repaid and you are trying to weasel out of paying them. Typical.

Yes, student loans ARE being forgiven (not discharged in bankruptcy) if the proof is strong enough... and the Attorney (apparently) is good enough.