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, ATTORNEY
Category: Social Security
Satisfied Customers: 5142
Experience:  37 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

This answer was rated:

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

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 3 years 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

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 and other Social Security Specialists are ready to help you

Related Social Security Questions