Ask Me Help Desk - How To Get a Garnishment Removed From Social Security?

I started receiving widows benefits at age 60 in the amount of $750.00. In all those years I never questioned why I didn't get yearly increases. I assumed it was because mine was widows benefits and not yet social security.

I went to the social security office to get a new ss card so I could get a NC drivers license. While there I inquired about social security and medicare. I was informed that I was already getting social security because of my being a widow. Widows are allowed to sign up early without penalty. So I asked if I could get SSI. I was informed I drew too much Social Security. I questioned that! The lady said "your getting over $800.00 now". That's quite a bit above what you would have to be getting. I said I could show her my direct deposits from the bank that I was receiving $750.00. She left the computer and came back. She said I was being garnished by someone. Further investigation found it was The Department of Education. Once that was confirmed by calling the DOE I contacted my congresswoman. Her office got back to me just before or just after christmas, that the garnishment had been removed and they would no longer bother me.

January 2009 my check was $803.25. I called social security to confirm I was receiving the right amount. They informed me, as of January 2009 I should be getting $943.00. I phoned the DOE. They informed me the garnishment had been renewed, that I still owed $6,000 interest on a $2,600.00 loan. Then he says I owed for two $2,600 loans.

I paid just over $900 from my 1991 income tax (or I should say they took), and I don't remember how much from the 1992 taxes. After that I didn't work and they had nothing to take, but I never heard another word from them in all these years. I didn't keep paper work back that far or they may have been destroyed in hurricane Andrew. Either way I don't recall even getting a letter from anyone about taking my taxes. I had to call them. The IRS told me they took the taxes, DOE didn't say anything.

I have contacted Congresswoman Foxxs offices again but have not heard from her either.

I have cancer and need the correct amount so I can continue treatment and buy oil for heat. Where can I go for help. What more can I do. What papers can I file? HELP

Quote:

Originally Posted by tatteredtillie

I started receiving widows benefits at age 60 in the amount of $750.00. In all those years I never questioned why I didn't get yearly increases. I assumed it was because mine was widows benefits and not yet social security.

I went to the social security office to get a new ss card so I could get a NC drivers license. While there I inquired about social security and medicare. I was informed that I was already getting social security because of my being a widow. Widows are allowed to sign up early without penalty. So I asked if I could get SSI. I was informed I drew too much Social Security. I questioned that! The lady said "your getting over $800.00 now". That's quite a bit above what you would have to be getting. I said I could show her my direct deposits from the bank that I was receiving $750.00. She left the computer and came back. She said I was being garnished by someone. Further investigation found it was The Department of Education. Once that was confirmed by calling the DOE I contacted my congresswoman. Her office got back to me just before or just after christmas, that the garnishment had been removed and they would no longer bother me.

January 2009 my check was $803.25. I called social security to confirm I was receiving the right amount. They informed me, as of January 2009 I should be getting $943.00. I phoned the DOE. They informed me the garnishment had been renewed, that I still owed $6,000 interest on a $2,600.00 loan. Then he says I owed for two $2,600 loans.

I paid just over $900 from my 1991 income tax (or I should say they took), and I don't remember how much from the 1992 taxes. After that i didn't work and they had nothing to take, but I never heard another word from them in all these years. I didn't keep paper work back that far or they may have been destroyed in hurricane Andrew. Either way I don't recall even getting a letter from anyone about taking my taxes. I had to call them. The IRS told me they took the taxes, DOE didn't say anything.

I have contacted Congresswoman Foxxs offices again but have not heard from her either.

I have cancer and need the correct amount so I can continue treatment and buy oil for heat. Where can I go for help. What more can I do. What papers can I file? HELP

I'd stop calling and start writing letters - SS should know who is taking the money and in what amounts as well as the amount of the Judgment. IRS should have also been given the information.

I don't think you'll get any answers by phone.

If your question is stopping the deduction before the total is paid, you can't. Certain student loans are the exception to the "no liens on SS" rule.

I wrote to the congresswoman. She had her office member call me to tell me it had been released. I don't have her answer in writing. Now I'm waiting to see if she responds to my second letter. But NO to the social security should know. They "claimed" they knew nothing. They kept having me contact the bank to confirm. I made half dozen trips before they told me it was a garnishment and more trips to find out who.

Quote:

Originally Posted by tatteredtillie

I wrote to the congresswoman. She had her office member call me to tell me it had been released. I don't have her answer in writing. Now I'm waiting to see if she responds to my second letter. But NO to the social security should know. They "claimed" they knew nothing. They kept having me contact the bank to confirm. I made half dozen trips before they told me it was a garnishment and more trips to find out who.

Social Security was sending money from your check to someone and didn't know who or why?

How did the Bank get into this? I thought the payments were coming right out of your SS check.

Or were the payments coming out of your bank account, the account where your SS is deposited?

I have direct deposit. I called tge bank to verify the deposit amount. Then I called social security to verify that amount was indeed correct. Social Security said NO and to reverify. Social Security says they don't take anything out... The bank says that the amount that is deposited to my account is the amount of the transfer from social security. All sounds like a coverup to me and I want to get to the bottom of this and get my money back.

Quote:

Originally Posted by tatteredtillie

I have direct deposit. I called tge bank to verify the deposit amount. Then I called social security to verify that amount was indeed correct. Social Security said NO and to reverify. Social Security says they don't take anything out... The bank says that the amount that is deposited to my account is the amount of the transfer from social security. All sounds like a coverup to me and I want to get to the bottom of this and get my money back.

Oh, swell - neither one of them has a clue what's going on. Wait until you find it's all a mistake and try to get the money back. That should be even more exciting.

I would be very, very angry.

The more I learn the more Irate I Iget. It's like the bail out... no one knows where the hell the money is going.

To garnish they have to have in hand a court order or in the case of student loans a letter from them.

IF you have a student loan that was not paid or one you co-signed for ( perhaps a child or grandchild) theymay take the student loan out of your check.

Just found this.

V. Student Loan Offset

The Debt Collection Improvement Act of 1996 Footnote Reference 14 allows for expanded collection of delinquent student loans from Title II Social Security benefits. The impact on a disabled or elderly recipient can be devastating. As a result, it has become critical that we know whether our Title II clients have outstanding student loans that may impact on their Title II awards. Since Title II clients will have their rights to benefits continually endangered by past, delinquent student loans, it is the responsibility of the representative to alert them to their options for dealing with their student loan debts.

Footnote 14: 31 U.S.C. 3716.

As indicated above, Title II benefits are generally protected from legal process. The Debt Collection Improvement Act of 1996 (Debt Collection Act) is one such instance in which Congress specifically indicated its intent to waive the anti-assignment clause protection.

It is important to note that there is no statute of limitations that applies to the collection of student loans. The Department of Education (DOE), initiates collection by providing notice of intent to collect past due student loans to the benefits recipient. This notice of offset will provide hearing rights and limited remedy information. The recipient has the right to request a hearing to challenge the offset or to set up a repayment plan to avoid offset. Hearings and repayment plans must be made with DOE. The Social Security Administration (SSA) has no authority to modify or terminate DOE offsets. DOE must certify the debt to the Department of Treasury (Treasury). After which, once all notice times have run and hearings have occurred, Treasury will order SSA to assign a portion of the recipient's monthly Title II benefits to DOE. Notices from Treasury will come from the Financial Management Service (FMS).

The Debt Collection Act does provide some protections however. The first $750 of Title II paid to a recipient is protected and the total amount recouped from each monthly benefit payment cannot exceed 15% of the total benefit. SSI benefits are specifically exempted from this process and remain totally protected.

Once a Notice of Offset has been received by a recipient, or even after offset has begun, there are several potential debt cancellation options for the recipient. The most effective are the “disability discharges.”

A. Disability Discharges

1. Disability Discharge - DOE will NOT accept an SSA determination of disability for the purpose of a disability discharge. The DOE standard requires that the recipient be “unable to work and earn money or attend school because of an injury or illness that is expected to continue indefinitely or result in death.” In instances where disability existed at the time of the granting of the loan discharge may be denied unless there is a substantial deterioration of that pre-existing disability.

Beginning in July 2002, a new process for disability discharges will exist. DOE will issue a “conditional discharge” for a period of 3 years. During this period DOE will review the recipient's ability to work (most likely by reviewing SSA income reports) in order to determine whether the “conditional discharge” remains appropriate. The recipient also has an affirmative duty to report earnings over poverty to DOE. During the 3 year period the recipient will be allowed earnings up to the poverty level. If earnings exceed poverty, the loan will again become due and owing. Should the recipient have no earnings during the 3 year period, the discharge will become permanent.

2. Debt Cancellation - Based upon “hardship,” debt cancellation is one of the most effective ways for a recipient to obtain relief from DOE collection efforts. While there is no time limit associated with the filing of a cancellation request, the student loan in question must have been made in 1986, or later. Cancellation will result in the complete elimination of the student loan debt and the reimbursement of all monies paid out by the recipient, including tax refunds seized by the IRS and payments made by the recipient. DOE will also be required to assist in “cleaning up” the credit report of the recipient after cancellation.