How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask dylatess Your Own Question

dylatess
dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 4644
Experience:  35 plus years of SSD practice
Type Your Social Security Question Here...
dylatess is online now
A new question is answered every 9 seconds

Hello from San Diego,My name isXXXXX I started collecting

Resolved Question:

Hello from San Diego,
My name isXXXXX I started collecting SS last December 2012. I received a letter from the Department of the Treasury four (4) month ago saying I did not pay-off some student loans. The letter further states the debt I owe is to the U.S. Department of Education c/o Educational Credit Mngmt Corp. (ECMC) These loans have been paid-off in full. The total of the three loans is about $10,000. I contacted ECMC and told them these loans have been paid back in full. They sent me copies of the loan papers that I originally signed back in 1990. I do not have copies of the checks I sent them over twenty (20) years ago. The bank I had at the time (I think) was Washington Mutual. They have since gone out of business.

The Department of the Treasury is deducting $152.10 from my SS every month for student loans I paid back over twenty (20) years ago. They are doing this as authorized by Federal law called Federal offset. Is the burden of proof on me? Was I supposed to save these cancelled checks that are over twenty (20) years old? Does sending me copies of the original loan papers mean I did not pay off the loans? What gives? Gene Foss
Submitted: 11 months ago.
Category: Social Security
Expert:  dylatess replied 11 months ago.

Hello and and thank you for your question. For over 34 years, I have answered questions just like yours. And I look forward to assisting you.

 

yes the burden is on you to be able to substantiate that you do not owe the money. But you do have a remedy. You can go retain a consumer law attorney who will file an action demanding that the creditor provide your entire file including a payment ledger. Note, this is not something you can do yourself and will be worth the money you pay for attorney fees. Likewise, if you do nothing, the government wins and will continue to deduct from your checks.

Customer: replied 11 months ago.

Don't I have a right to their accounting under the law. Isn't there some Freedom to Information Act that allows me the right to my complete file including the ledger of payments. GF

Expert:  dylatess replied 11 months ago.
NO, the law only provides for release of your initial loan application. That is why I recommended that you see an attorney. Thanks for your understanding. Please rate my answer ok or better so that I am compensated for assisting you.
dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 4644
Experience: 35 plus years of SSD practice
dylatess and other Social Security Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • dylatess

    ATTORNEY

    Satisfied Customers:

    3084
    35 plus years of SSD practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    ATTORNEY

    Satisfied Customers:

    3084
    35 plus years of SSD practice
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    Certified Public Accountant (CPA)

    Satisfied Customers:

    3196
    Licensed CPA, CMA, CFE M.Accy Also Teach Accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    1138
    I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    292
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/FA/fastfile/2011-12-15_23139_Klein2011small.64x64.jpg R. Klein, EA's Avatar

    R. Klein, EA

    Accountant

    Satisfied Customers:

    253
    Tax matters relating to Social Security Benefits only
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    187
    Licensed in multiple jurisdictions, experienced business attorney.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    137
    25 years of experience helping people like you.
 
 
 

Related Social Security Questions