Can my Disability benefits be garnished for unpaid student loans?

0:17 Good day everyone. My name is Attorney after the weeks and this is your QBAN days the Security Disability today. Let's go ahead and get rock and roll into your questions. I have an unpaid student loan and I'm receiving SSI ssd I benefits. I was told that my benefits may be garnished. Is there any way to protect my disability benefits? Okay? I tell people that under the regulations, and I'm going to focus most of my inquiries on disability insurance benefits. And let me tell you why I do that. There are typically two benefits most people fall under SSI, Supplemental Security Income and disability insurance benefits.

0:59 I have not heard of and I may be wrong, and I have to research this. And so those who get SSI, I have not really heard of too many people getting garnished for their SSI because Supplemental Security Income is a need based program, it's a welfare program. Typically where you see garnishment comes into play. It's disability insurance benefits where you paid into the system.

1:19 So let's talk about garnishments first, and then let's talk about student loan question with regardss to protecting under the law, Social security. The Congress, in their wisdom put in what we call an anti garnishment provision, and what that provision has done is design is to protect your disability insurance benefits from being garnished by creditors. However, like most laws, there typically are what we call exceptions, which means certain situations where they'll say, you know what nobody else can, but under these very limited situations, we're going to let that entity, that creditor, garnish money from that persus disabil leader as benefits and typically they are alimony, child support at any federal debts, So that means if

2:10 you owe taxes to the irs, that's a garnish garnishable debt. If you have a student loan that's a federal student loan, you best believe that's going to be garnishable by the federal government. Now, the bigger question is you want and want to ask yourself, well, really, you have two big questions with regards to student loans. What is it a private loan or is it a federally subsidized loan. If it's a private loan, you might not have it. We're a huge worry with regards to garnishment to your benefits.

2:39 And let's talk about garnishment with regards to this. And this is where I want you to be very mindful. Sometimes what some creditors will do in terms of being slick is they may not garnish your benefits. They may know they can't garnish your benefits, but they may try to garnish money out of your bank account, or they'll try to put a freeze on your bank account.

2:58 If your bank account is used as an opportunity is a place for where you get your benefits, same rules apply. They can't go around technically, they can't go around the law. I say, well, social Security won't let us garnish it directly from them. What we'll do is we'll wait till the money post to his bank account and we'll take it there. If you have reason to believe that that's occurring, I'll probably tell you the two things.

3:19 One change a bank account, But of course that doesn't prevent the problem because they can always go and find it or to notify Social Security immediately and that should address it. And in three if that doesn't work, you may want to contact an attorney because at this point you're talking about a creditor that's tried to find a way around the EPTI garnishment statue, which is that is illegally can't do that all right, But going back to student loans, you want to find out if it's a private loan or if it's a federally subsidized loan.

3:47 If it's a private loan, as I indicated before, you might not have any issues with regards to garnishment. Note I say, mic, it's always weird things that happen. If it's a federally subsidized one, more likely you're looking at apost garnishment. Now your next big question is what do I need to do to protect it from from happening ask for a waiver. There's well, actually there's two things you can do. One, contact and attorney that specializes in and I said, there are a couple of attorneys that I've dealt with who actually have worked with, you know, helping disability persons.

4:17 Persons who are disability, you know, protect their benefits from any student loan obligations. So contact an attorney that does that, or to contact Social Security and say if there's any type of wave reforms that you can complete in order to request that the government does not garnish those benefits, and those are the only really two options you have available to you. Because I tell people all the time, federal debts are going to typically always be protected by the federal government. So if you're a federal if your student loan is a federally subsidized student loan or a loan that you got the a federal loan, more likely than not, you're going to be looking at situation where your benefits are going

4:56 to be garnished. So you want to make sure you do whatever you can, whether we go to an attorney, going to an attorney, or whether it be building out a form in order to protect your benefits if you're able to do so. All right, again, thank you for visiting me for another edition. Stay tuned and we will talk about what we're going to be addressing in our next edition. A Q and A Social Security disability Today.

5:19 Would you like to hang out with me and get your Social Security disability questions answered live? Please feel free to send an email to Legal Goold at SOHO dot com and put hangout in the subject line. Make sure you indicate what day and time is good for you to schedule a Google hangout again, send an email to Legal Gold at SOHO dot com. Let's hang out and get those disability questions answered. On our next Disability Today, we're going to talk about flaud what happens to those people who faith being disabled? Again, this is Attorney Anthony Reeves and this is your Q and day Social Security Disability Today.

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