student loans

Disabled person defaults on student loan

Don TaylorDear Dr. Don,
Is it possible or appropriate that being in default on a William D. Ford Direct Student Loan can cause garnishing of benefits after being awarded Social Security Disability? I was deemed 100 percent disabled before the garnishment was initiated. Do you have any suggestions?

Thank you,
-- Peter Predicament

Dear Peter,
If unpaid, federally guaranteed student loans may prompt the federal government to garnish disability checks, whether from Veterans Affairs or Social Security. There are limits on how much the government can take each month.

Rather than focusing on timing of your disability status and garnishment, I'd suggest that you pursue a disability discharge of the loan or loans. That would eliminate the need or desire to garnish your disability benefits. With a discharge, you would no longer be required to repay a student loan.

Federal direct student loans have provisions for a total and permanent disability discharge. I'd suggest pursuing this discharge to end your obligation to repay the student loan. Fairly recent legislation changed the standards for such discharge effective July 1, 2013. If you applied for discharge before July 2013, the old standards apply. But if you hadn't previously applied (and it sounds like you didn't), then the new standards are in effect. There is reason for hope!

Get more news, money-saving tips and expert advice by signing up for a free Bankrate newsletter.

Ask the adviser

To ask a question of Dr. Don, go to the "Ask the Experts" page and select one of these topics: "Financing a home," "Saving & Investing" or "Money." Read more Dr. Don columns for additional personal finance advice.

Bankrate's content, including the guidance of its advice-and-expert columns and this website, is intended only to assist you with financial decisions. The content is broad in scope and does not consider your personal financial situation. Bankrate recommends that you seek the advice of advisers who are fully aware of your individual circumstances before making any final decisions or implementing any financial strategy. Please remember that your use of this website is governed by Bankrate's Terms of Use.

advertisement

Show Bankrate's community sharing policy
          Connect with us
  • at
  • Private student loan search by SimpleTuition.com
advertisement
FRUGAL NEWSLETTER

Discover new ways to cut costs and save more every day. Reduce your spending, not life’s pleasures. Delivered weekly.

advertisement
Partner Center
advertisement

Connect with us