Hello no they can put a frezz on your account at the bank the ss dedt card is better than a bank account but this be able to frezz it the best this is to have your check mailed store cash them for free they are trying to scare you dont worry check have your check mailed they cant put no frezz on it cash it right away that is the best this you can do that way you wont have nothing to worry about they cant garnish ssi or ssdi but can but a frezz on your bank account close your account knowing the way some creditor are they will try and wont have any money in your acoount

Hey there Sharon,
Thanks sooo much for your reply.  Iooked it up on the web, but you are right, they can really be bullies.  Mind you I thought this had been settled with my bankruptcy years ago.  It is really frightening when they go after you and you already have no savings.  My health has been very poor as of late, and with the pain meds I take, I am not really employable.  I am luck to be able to take care of myself with a lot of help from friends.  Thanks again.  I feel relieved in knowing this.  Prayers and Blessings, 10C
Below is what I found online:

The best thing you can do is tell your bank that your only income is social security and no garnishments are allowed.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/426/~/garnishing-social-security-benefits-due-to-a-debt.

Social Security income is protected from creditor claims. I could not find one state that did not exempt Social Security income. Meaning, state legislators have deemed these funds protected from creditor claims.   It is against the law.  You can notify your bank that complying with garnishments is illegal due to the type of money involved.  You can have the checks sent to another bank if they don't get the message.

Read more: Can creditor garnish bank account? http://www.bankrate.com/finance/debt/can-creditor-garnish-bank-account.aspx#ixzz17iN4gXPg

Read more: Can creditor garnish bank account? http://www.bankrate.com/finance/debt/can-creditor-garnish-bank-account.aspx#ixzz17iMDY8Lv



Options to protect your Social Security income
Contact the Social Security Administration to have your check mailed directly to you and not automatically deposited into your bank account. While I understand this will result in more work for you, it is a better alternative than never-ending bank levies. For $50 per month, you might be able to hire a law firm to protect your money. Some firms have addressed this issue by having their clients deposit funds into a local, small bank affiliated with the law firm. All funds deposited into this bank are exempt from creditor claims. The law firm protects the bank from potential liability by certifying that all funds are exempt. While $50 might be too expensive for you, this is the only alternative other than cashing the check each month yourself.


Read more: Can creditor garnish bank account? http://www.bankrate.com/finance/debt/can-creditor-garnish-bank-account.aspx#ixzz17iSUANhy

IRS took mine over a VA mistake... Still fighting them

I am pretty sure Social Security can garnish a SSDI benefit ( but not SSI) to recover a Federal debt, such as , Dept. of Education, IRS, etc.  The law changed in 1996 previously they would not touch Social Security.

They will not garnish for a private debt.

Here is some info from SSA on garnishment: :  http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1712

This is another explanation from IL legal Aid :   http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=2501

I would suggest reading all correspondence from SSA , appeal if possible and save all your paperwork.

You may also want to contact Dept of Education and look into their debt waiver policies.
Good luck.
Ches

In most Canadian provinces, if not all, a student loan is forgivable if the seriously disabled student is unable to get work. Translation: if I have a job, I have to pay it back. If not, it's forgiven.

I am sorry to hear that the Department of Education is seeking to garnish your SSDI. One of the prior postings is correct in stating that SSDI is garnishable for certain federal debts. I'm sure you have followed that link and now know this for yourself.

My suggestion is that your son pay the debt, since the debt was incurred for his schooling. That seems to be the practical, fair, and personally responsible solution to your predicament.

May God bless you.

I want to thank all of you for sharing your knowledge on this topic.  I think I am going to try to find out why this is coming to me after it was included in my bankruptcy years back.  I had already paid off most of the loan at the time, but wasn't able to continue, since I could no longer work after my health began to fail.  My son is also struggling now post a bad accident he had at work and has not been able to work for months now, so I hate to see him have to carry more headaches now.  At the time, I took out the loan, expecting to pay it off entirely.  Thanks so much for your feedback it was all very helpful.  Blessings, 10C

I would concure with ChesBay. Most guaranteed student loans have a disability clause in them.  Did you notify DOE the reason was permanant disability?  If you did, you should have been advised accordingly.

This from a user post on the Paralysis Resource Center Facebook page:
Jennifer Kates writes:
Here is some more info about new protection standards from a reputable national nonprofit (starting at p.33): http://www.nclc.org/images/pdf/conferences_and_webinars/webinar_trainings/presentations/2011/social_security_new_rules_and_protections.pdf. there's some indication that garnishment for federally-guaranteed students loans may be allowed (p.36), but she should definitely talk with a lawyer if she has not already - some student loans can be discharged totally upon showing of permanent disability that causes someone to be unable to work.

Gee thanks so much to everyone.  I will definitely look into this.  All your information has been a great starting point.  Hopefully, I will be able to get some resolution.  Prayers and Blessings, 10C

Hello,
The government makes it clear when a person is applying for a student loan about the problems you will face if you default on a student loan. They state garnishment of wages, unemployment pay, income tax refund, & social security benefits. Students usually ignore that important part of the application because they are not immediately held ressponsible to start paying the loan back until six months after they leave school.

I just wanted to let you know that I have a permanent disability discharge for my student loans. After I was unable to work, I called the student loan office, explained my situation, and they sent me a form for me and my doctor to fill out.  I have to fill out the form every three years, but I am not in default from my loans, and it does not hurt my credit.  My suggestion is to call and ask for a permanent/total disability discharge form.  The last thing you need is to have your pittance garnished, especially since they don't even give us enough to live on!  
My best to you! God bless,
Kelley

Thanks Kelley and all of you,
Yes, I have to admit these are very difficult times.  I never thought I wouldn't be able to work, but now my main job is trying to care for myself an getting through the day.  You are right, after thirty years working long hours, it is not much to get by on.  I couldn't afford to stay in New Jersey, so I opted to move to a village in Spain, where the housing was at least manageable, although I am on a tightrope of a budget.  When my sister gave me this news, it totally blew me away. 
Thank you for all your great suggestions and good will. Prayers and Blessings, 10C

Kelly,
This is John - In a brief discussion about 2 months ago, I had mentioned that I was looking into going back to school and getting my PHD in Psychology. You had mentioned that because I am disabled I can get the cost of schooling paid by the Fed.  Do you know if this is regardless of financial situation and what program is this under.  If anyone else has insight feel free to jump in. Blessings, John.

Tency,
Didn't your bankruptcy wipe the loan out? Talk to your bankruptcy attorney. To protect yourself from potential liens on your account, don't have an individual account.  Open a corporate account and deposit your money in that account.  Are you in the the South of Spain.  I am looking to retire in the Marbella/Malaga area or Southern France.  I'm still a few years out. Blessings, John

Hi there John,
The problem is that the bankruptcy was the new kind after GWB's administration, and did not finish everything, since I became progressively worse in both health and finances.
I got to the point where I had zero, but a dear friend who worked with me for years at the cancer center took me in until my disability benefits were approved. I ended up calling and spoke to Becky at  the Department of Education 1-800-621-3115 who told me to fill out a discharge form she would send and get my physician to give me a note saying I was permanently disabled.  If you google the Department of Education you will also see more information on discharges.
It looks like they are also trying to help people get back to school if they are able.
Hope this helps.
Thanks again to everyone.  I will post back the end results when it is over.
Blessings and Prayers,
10C

Yes they can be garnished. My benefits are currently be garnished by #95 per month, for unpaid student loans. I am trying to get my doctor to write that I am permanently disabled. Then it still takes at least six more months. Also, they include the garnished income, even though you aren't receiving it, for food stamps, medicaid, and other programs.

I have been told endless times by the Social Security people as well as the folks in Medicare that NOONE CAN TOUCH YOUR SOCIAL SECURITY DISABILITY BENEFITS EXCEPT YOU - so to answer your question no the DOE cannot garnish anything unless there is some other income coming to you that is NOT SSD.... Hope this helps...

Thanks very much.  I had my current physician fill out the form 11 months ago, we sent it certified mail, and can't believe they are now wanting the form to be filled out again by a doctor in the States, even though I live in Spain...this really amazes me, since I still have no medicare and live in a village in Spain be able to get medical care and get by as it is more affordable and safe. I moved to Spain to a small village where I live in an assited living environment, since it was more affordable and I could get medical care here out of pocket for much less, since my medicare was cut off (for the two year waiting period) after you are deemed permanently disabled and unable to work).
At any rate, believe me this is not just my pain meds talking, it is the truth.
How could I get to the US to see a doctor when I can barely get to my doctor in the town over here in Spain.  By the way, my doctor graduated and practiced in the U.S., but transferred her license here when she opened her clinic here in Spain.  She was fuming when I told her that I just received this impossible request from them.
She actually comes to see me at home when I can't make it to her clinic.
She added her license number, contact information, etc. and they still want me to find a doctor with a US license and send another form back the form in thirty days, why would a doctor that practices in Spain have a US. license....makes me totally depressed that they just don't care and sent this back almost a year later...what a system...anyone know a US doctor who wants to come to Spain?

I don't know exactly when the law was enacted, but student loans can no longer be included in bankruptcy. I learned that the hard way. Larry, C5, complete

Yes, apparently so.  It has been over a year now that I sent in a discharge form that they sent me to have my doctor fill out.  She did.  She is an American doctor that graduated in Arizona and opened her own clinic here.  She is now licensed here where she practices and her clinic is excellent, better than any I ever attended in the US.  The doctors that the Embassy people see here are also licensed in the country of practice and not required to be licensed in the U.S.
Because I live abroad, the expired form that they sent me, still requires a US licensed physician to fill out the form, even though many disabled live abroad to be able to get by on their disability pension in an affordable country.  I wrote the White House and told them that the form itself has expired (12/31/2011)
http://edicsweb.ed.gov/edics_files_web/04709/Att_MFY%20Legal%20Services%2060-day%20comments_ED%20Response_12092011.pdf

http://www.ecsi.net/bwr/forms/acr7/perm_dis_form.pdf


and should be updated to serve the entire population of disabled, including those who have moved abroad to survive.  The FDA accepts clinical research (like this study : http://clinicaltrials.gov/ct2/show/NCT01586312?term=Stem+cell+for+knees%2C+Barcelona&rank=2)
from foreign medical doctors world wide for our treatments, so this is an outdated requirement.  By the way, during that year my loan balance has accrued an additional $3,000. 00 dollars.

Here is the response I received:
Thank you for your letter to the White House about federal student aid. The White House has referred your letter to the U.S. Department of Education for review, and I am pleased to respond.

You wish to cancel you student loan account due to your disability. You explain that you are in Spain and having difficulty locating a physician to certify your disability. You also indicate that you believed the loan was discharged in bankruptcy.

Cancellation provisions for the Department of Education's loan programs are established by law.

For bankruptcy petitions filed on or after Oct. 7, 1998, the Bankruptcy Code specifies that Department of Education loans cannot be discharged in bankruptcy unless the court grants the discharge because it determines that repayment will impose undue hardship on the borrower and on the borrower's dependents. The court must make a special finding of undue hardship for a loan to be discharged. A borrower must provide to the loan servicer documentation from the bankruptcy court showing that the loan is dischargeable.

A Department loan can be discharged if a borrower is totally and permanently disabled. A borrower is considered to be totally and permanently disabled if he or she is unable to work and earn money in any occupation due to a medically determinable physical or mental condition that

* can be expected to result in death,
* has lasted for a continuous period of at least 60 months, or
* can be expected to last for a continuous period of at least 60 months.

Even having a 95 percent disability will not qualify a borrower for loan discharge due to specific statutory language requiring total and permanent disability. A borrower receiving Social Security disability benefits does not automatically qualify for total-and-permanent disability discharge.

To cancel a loan because of total and permanent disability, the borrower or his or her representative must have a legally licensed physician (a doctor of medicine or osteopathy licensed to practice in the United States) certify that the borrower is totally and permanently disabled on a loan discharge application provided by the loan servicer. The borrower or his or her representative must submit the completed discharge application to the loan servicer within 90 days of the date the doctor signed the application.

The cost of physician services for certification is not recoverable under the Department's loan program provisions.

You should contact the loan servicer if you require additional assistance with your application.

I hope this information is helpful.


Email Unit
Studentaid On The Web
www.studentaid.ed.gov
Federal Student Aid

http://www2.ed.gov/legislation/FedRegister/finrule/2009-4/102909a.html

I even added my comments for a revision of the form via the website of the members of Congress who oversee these forms to update it:

http://www2.ed.gov/about/bdscomm/list/acsfa/edlite-publicinput.html

I totally give up!  I am waiting on the letter from them to tell me how much they will garnish each month, I suppose that will take them another year to increase the 
balance even more.  In the meantime, I will be moving to cheaper digs, here in Spain where I can still afford to live on my disability.

Thanks for all of the replies, and hope this serves others in some way.

Blessings and Best Wishes,
10C

Hi Tency,

Normally SS benefits are not garnishable, however in a Supreme Court decision in 2005 they upheld that student loan debt can not be discharged. Had it of been any other debt (other than sometimes child support or federal tax obligations), they would not be able to garnish your disability income. 

Found this online: "Social Security for people with disabilities, can also be garnished. If a young person gets injured shortly after school and can no longer work, his or her SSI could be cut to pay for loans that aren’t even doing any good at that point."

Unfortunately im not sure that an attorney may help you, as a student loan is the only kind of debt that is not forgiven. Sorry for your trouble.

Best,

Thanks for all of the replies.  At any rate, maybe one day out tax dollars will go to fund free education and medical care for everyone and this will no longer happen to others.  I may be dreaming, but it's a start.  Thanks for all your answers, but I will consider this case closed.  No need for any more replies, unless they change the laws to improve things.  Blessings, 10C