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-   -   Disability Benefits being garnished by IRS (https://www.askmehelpdesk.com/showthread.php?t=402049)

  • Oct 2, 2009, 04:51 PM
    pram99
    Disability Benefits being garnished by IRS
    I have recently been awarded disability benefits. So far I have received 4 payments now. The third payment reflected a deduction that I discovered was due to a $2000 school loan from 30 years ago. They are taking $179 from me every month for that.with penalties and interest, the debt is now approx $8000.

    Then the most recent payment on Oct 2, another $179 is being deducted. I've discovered this is an offset issued by the IRS for back taxes.

    I have been told I can do a Permanent and Total Disability request for discharge for the student loan. I don't know what to do about the IRS. My disability income is the only money I have to live on. It has now been reduced by almost $400.

    I cannot afford to buy medication, see my doctor, buy food, pay rent. I am totally destroyed now.

    My disability application process was apparently a very brisk experience. I was not denied at all and was awarded within 6 months of my application. My disability relates to PTSD, social phobia, Bipolar Disorder and Major Depression. I cannot work.

    Is there anything I can do?

    Can someone please help me? I ma absolutely beside myself with fear and anxiety over this .

    Please help.
  • Oct 2, 2009, 05:57 PM
    Fr_Chuck

    You may have to try and make a settlement with the IRS, but there is nothing you can do except pay them. How long have you known about the IRS debt, why did you not properly pay your taxes when you should have,
  • Oct 2, 2009, 06:10 PM
    pram99
    Try and make a settlement? With what? I have no assets and no money. I am unable to work and have not been able to work for at least 18 months. Previous work history is very spotty as my disability goes back to almost 2001 as determined by the SSA.

    Beforehand, my work history was sporadic and never lasted more than 6 months. I've known that I owe the IRS money for a long long time. I am not sure I understand how this relates?
  • Oct 5, 2009, 01:19 PM
    AtlantaTaxExpert
    First, contact the Tax Advocate to see if they can suspend the $179 garnishment. Your income level would seem to qualify for making such a garnishment illegal under current tax law.

    Failing that, you may need to get professional legal help to get both the IRS and the school loan garnishment discharged due to your income level. Contact a local law office to see if they will take the case on a pro bono basis.
  • Oct 5, 2009, 03:35 PM
    pram99
    @AtlantaTaxExpert:

    Thanks. I will contact Tax Advocate. I am not feeling very positive about a law firm helping me pro bono - do you think it is possible to find someone?

    I am actually in Atlanta.
  • Oct 6, 2009, 08:40 AM
    AtlantaTaxExpert
    Your case probably just involves submission of paperwork to show your disabled status and your overall income/asset level.

    While the preparation of the paperwork probably will require the help of a tax or legal professional such as an enrolled agent or tax attorney, it is NOT significantly time-intensive, and thus would probably be the type of pro bono work that an ethically-minded eonrolled agent or attorney would consider doing.

    Consider this: you have the time to make the phone calls to free legal clinics. All they can do is say no!
  • Oct 6, 2009, 10:54 AM
    pram99
    Thanks man! I respect your experience and kindness in answering me with actionable and practical suggestions.
  • Oct 7, 2009, 07:37 AM
    AtlantaTaxExpert
    Glad to help!

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