Legal Question in Social Security Law in California

Re: garnishment on soc.sec. & ssi checks

That is an interesting question. I have been practicing Social Security Disability Law for 26 years and have never seen a deduction for a student loan. Having said that, you need to look at the original contract and the original terms of the student loan. They discuss in great detail what the lender can do in case of a default. I have seen them deduct from tax returns and from earnings, but never from SSDI or SSI.

I cannot give you a definitive answer unless I know the terms of your loan. Remember, we are dealing with the Federal Government on both ends: the Student Loan and the Social Security payments. They always look out for the "government interest". You should write to those who are "threatening" your benefits and ask them what authority they have to make such deductions. Also get a copy of your student loan, as I doubt if you still have a copy after all these years. You MUST call you local Social Security office and speak with someone and ask them if this can be done.

I am sorry I cannot give you a better answer, but you really should pursue this further and seek the advise of your attorney if you have one. If not you should seek advise. Attorneys should not charge for such a consultation.

You may contact me at the address below or call my office if you want me to do some further research on this issue (at no charge).

Good luck, and I am sorry I don't have a better answer for you. You may want to re-post your question and see if someone else can give you a better answer, as I believe once it is answered it is possible no one else can respond.

Samuel L. Salazar

Attorney at Law

213.623.0900