Education Law Questions? Ask an Education Lawyer
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Is your question whether or not your social security disability precludes you from paying back your student loans?
The federal government can garnish your benefits for repayment of several types of debts, including federal income taxes, federal student loans, child support and alimony, nontax debt owed to other federal agencies, defaulted federal home loans and certain civil penalties. Supplemental Security Income cannot be garnished under any circumstance.
If you owe money on a student loan, it doesn't matter how long ago you were in school. A 2005 U.S. Supreme Court case (Lockhart v. U.S.) determined there is no statute of limitations on Social Security offsets to repay student loans. The government can shave off up to 15 percent, provided your remaining monthly benefit doesn't drop lower than $750.
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Student loans are not automatically discharged due to social security benefits being awarded.
are the loans federal loans?
In order to get your student loans discharged because of your SSD, you must show that you are totally or permanently disabled.
ok. So, you are able to get this loans forgiven if you can prove you are totally or permanently disabled.
Ok, then there are 3 ways to show the government you are permanently disabled and thus should have your loans forgiven. I will outline them below.
Regardless of how you obtain a TPD discharge application, the information that you provide when you apply will assist the Department in determining if you qualify for discharge of your federal student loans and/or TEACH Grant service obligation on the basis of your total and permanent disability. You can show that you are totally and permanently disabled in one of the following three ways:
1 – If you are a veteran, you can submit documentation from the U.S. Department of Veterans Affairs (VA) showing that the VA has determined that you are unemployable due to a service-connected disability;
2 – If you are receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, you can submit a Social Security Administration (SSA) notice of award for SSDI or SSI benefits stating that your next scheduled disability review will be within 5 to 7 years from the date of your most recent SSA disability determination; or
3 – You can submit certification from a physician that you are totally and permanently disabled. Your physician must certify that you are unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment that:
did you have a social security attorney help you with your application or the application to receive disabled widow benefits?
I would suggest calling a local social security attorney and giving him your situation and seeing if he would possibly be able to help you further. WHat has the SS office told you when you let them know you were disabled?
I do not think your student loan can make you go see a doctor, that sounds very unusual to me. I've actually never heard of that in all my years of doing SSD work.
I think seeing a doctor who says you are disabled and that you are not returning to work should work for what you need. Your federal loan provider can ensure you are disabled but can only do so every 5-7 years.
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I have seen the new law that Obama has passed. I am not doubting anything you are saying, i am just trying to give you the best answer i can. I apologize for any misunderstanding.
Is there anything further i can help you with today?