Can Student Loans Impact SSDI Payments?

November 21, 2023

By Steve Fields
Principal Attorney

For many people pursuing a higher education, student loans are a frequent financial strain. Tuition and living expenses frequently involve borrowing funds through federal or private student loan programs. However, many people receiving Social Security Disability Insurance (SSDI) benefits wonder if these school debts will affect their SSDI benefits or not.

Social Security income might be deducted in part to cover delinquent school loans. If you do not pay back your federal student loans, the government may confiscate up to 15% of your Social Security benefits. Additionally, private lenders may also file a lawsuit if you default on payments, even if they are unable to seize your Social Security income.

This article will explore the connection between student loans and SSDI benefits, including the potential impact and other factors.

Understanding Student Loan Garnishing

The government has many options to collect on overdue federal student loans, including withholding specific sources of income. One of these options includes the government asking your employers to deduct a percentage of your monthly wages to pay back your student loan. 

Furthermore, the Internal Revenue Service (IRS) can seize your federal tax refund and apply it to your remaining loans. Depending on your situation and the type of loan, the IRS may also deduct a portion of your state tax refund.

In certain cases where individuals are reaching retirement age and receive Social Security disability benefits, the government may withhold up to 15% of these benefits to pay off any unpaid student loans. 

However, Supplemental Security Income (SSI) benefits, which pay for a person’s basic necessities, are exempt from this restriction.

Signs You Are at Risk of Defaulting on Student Loans

If you meet one or more of the following criteria, you run a higher risk of defaulting on your student loans:

  • Your monthly spending is so limited that one unforeseen expense prevents you from paying for your needs.
  • You were already having trouble making your payments, but currently, your interest rate or monthly payment has increased.
  • Making monthly payments on time is getting more challenging.
  • Payment delays.

The Social Security Garnishment Limit 

The government may deduct up to 15% of your Social Security benefits under the Debt Collection Improvement Act of 1996, but it must leave you with at least $750 in monthly benefits.

Unfortunately, the prescribed limit may exceed the average person’s daily, necessary needs. The government last raised the poverty threshold in 1998, and since then, the cost of living has dramatically increased.

The current poverty line for a one-person family of a 65-year-old is $13,590 annually, or around $1,133 per month. Consider living on just $9,000 annually if the government reduced your Social Security benefits to an absolute minimum. 

As a result, if the garnishment is substantial, older Americans without supplementary sources of income risk falling considerably below the federal poverty level.

Tips for Preventing Student Loan Default

Take some of the action steps listed below to prevent student loan default; however, your options will change depending on whether your loans are government or private:

1. Always Make a Payment

It is not too late to pay if you are already past the payment due date. Although federal student loans are seen as late if a payment is missed, they are not considered defaulted until they have gone unpaid for 270 days. Therefore, you still have time to make changes before your loans are in default.

Contrarily, private student loans don’t have quite as much of a safety net. Private student loans can default as soon as they are not repaid since private lenders treat them like other debts.

In either case, you should try to pay your loans right away if you have the funds to do so. Federal lenders track loan defaults after they have not been paid for 90 days or more. Private lenders will also report it to the credit bureaus, so contact your lender and let them know you need to make a payment right away to get back on track.

2. Apply for Deferment or Forbearance

You may be able to postpone payments through deferment or forbearance if you are short on funds.

Both choices stop your payments for a set time; unless you have federally subsidized loans and are eligible for deferment, interest will continue to accrue during that time. People can calculate the impact of accrued interest on their loans using a deferment calculator for student loans.

Furthermore, private lenders might grant temporary forbearance. 

You may pause payments on your federal loans for up to three years if you are eligible for an economic hardship or unemployment deferral. If you are qualified, selecting deferment for subsidized federal student loans is the best option because you can prevent incurring interest during that period.

Federal loans are also eligible for forbearance, and if your monthly payment equals at least 20% of your monthly earnings, you may qualify for obligatory forbearance. It is also offered for a maximum of three years. 

You can also ask your lender for general forbearance if you are having trouble paying your bills, but the lender will decide whether to agree.

3. Apply for an Income-Driven Repayment Plan

If you are about to go into student loan default, deferment and forbearance are good short-term remedies. However, consider income-driven repayment programs if long-term student debt affordability is an issue.

Federal student loans can be repaid through income-driven repayment programs, which lower monthly payments to a portion of your discretionary income. After making a certain number of payments, which varies per plan, a person may be eligible for student loan forgiveness under these programs. It is important to keep the following in mind when applying for an income-driven repayment plan:

  • You will have to reapply for an income-driven plan every year. 
  • Manage time effectively to assemble and submit the required documentation before the application deadline.
  • Any amount of forgiven student loan debt can be regarded as taxable income.

The type of loans you have and when they were disbursed will determine your best strategy. The following are some of the income-driven repayment plan options:

  • Income-based Repayment Plan (IBR)
  • Income-dependent Repayment (ICR)
  • Pay as you earn repayment plan

4. For Private Loans, Talk To Your Lender

Although private student loans typically don’t have income-based repayment programs, there are still several options. For instance, you can ask your lender about any programs it offers to help people in need. Forbearance will probably be one of them, but the lender may also provide other options with reduced payments for a longer time.

5. Consolidate Your Federal Loans

Consolidating your federal student loans from different services may be beneficial. A direct consolidation loan can be used to combine federal student loans. It consolidates all of your monthly payments into a single payment, and it might also qualify for repayment plans that you may not have previously been eligible for.

The period to repay this loan may get extended, which could decrease the monthly student loan payment. While that can be useful when a person is having trouble making payments, it is important to remember that extending the debt can cost more money overall.

Not all of the advantages of consolidation are beneficial. If you have already achieved progress toward student loan forgiveness, such as Public Service Loan Forgiveness, by making payments through income-driven repayment programs, consolidating this loan will return it to a normal repayment program. 

It means that your earlier progress will be effectively reversed, and your previous payments under the income-driven for Public Service Loan Forgiveness will no longer be recognized. It may be suggested that you apply for a federal direct consolidation loan if you believe consolidation is your best course of action.

6. Refinance Your Private Loans

Student loan refinancing is a choice available for both federal and private loans, depending on your eligibility based on your income, credit score, and payment history. You might be able to improve your credit by applying with a co-signer if you have a poor credit history.

Consolidating your student loan debt is similar to refinancing it. It creates a new loan with a new interest rate and repayment period out of all your debts.

Ideally, the new loan will have a lower interest rate than the one you currently have to pay. Your monthly payments can be made lower as a result, and it is possible that you may avoid paying higher interest as well.

However, federal student loans must be converted into private student loans to be refinanced, and you may lose other benefits available under the federal loan programs. Access to federal forbearance, deferment, income-driven repayment programs, and student loan forgiveness is essential if you are at risk of defaulting on your student loans.

Comparing offers if you have high-interest private loans and are eligible for refinancing can be worthwhile to determine if it makes sense. Compare your current payoff trajectory to the prospective new loans with a refinancing calculator.

How To Get Out of Student Loan Default

Unless the borrower is qualified for student loan forgiveness, can obtain a student loan discharge, or has passed away, it is difficult to escape from unpaid federal loans. The debt defaults after 270 days of missed payments on any student loans. The best course of action is to pay off the debt right away.

You need to be aware of your legal rights when defaulting on student loans. For instance, senior citizens who are disabled permanently and have not yet been able to pay back their student loans may be qualified for a full discharge of their student loans. Additionally, individuals with long-term medical issues may be eligible for full Social Security benefits.

You might have to enroll in a recovery program run by the Department of Education. It allows you to create an income-based plan with manageable payments with the help of a recovery program. It will help you consolidate your student loans once timely payments are made.

Consolidating your student loans can reduce the amount of your monthly payments while possibly reducing the cost of fees. 

If you have any additional questions regarding student loans and Social Security, it is better to consult with a free or inexpensive financial aid counselor to review your situation.

Student Loan Forgiveness: Programs for Relief as Repayment Restarts

You may be able to have some or all of your student loan debt waived off. Each forgiveness program has specific guidelines, some more stringent than others. Forgiveness possibilities are available for particular professions, while specified payback schedules constrain others.

Types Of Student Loan Forgiveness Program

The following are the two types of forgiveness programs:

1. Federal

You may qualify for student loan forgiveness through Total and Permanent Disability Discharge (TPD) if you have taken out a federal student loan and are dealing with a long-term disability that prevents you from working. However, you must first prove that you are totally and permanently incapacitated to be eligible.

2. Private

Your options for loan forgiveness, even in incapacity, are probably more restricted if you took out a loan from a bank, credit union, or other private lender. However, in the event of a disability or death, several lenders will waive your outstanding balance. If your lender provides this choice, be ready to submit proof of your impairment.

How to Apply for Student Loan Forgiveness

The application procedure for each student loan forgiveness program is different and will be described on the webpage for that program. You may get in touch with your student loan servicer to apply for federal forgiveness programs. 

However, in some circumstances, such as forgiveness after an income-driven repayment (IDR) program, your balance should be eliminated immediately. You must contact the program administrator if your state or workplace offers state- or employer-based student debt repayment options.

Conclusion

In particular, for older Americans, the confluence of student loans and Social Security payments is a difficult problem. The prevalence of past-due student loans and the government’s right to seize Social Security benefits highlight the significance of proactive money management and financial planning.

The present garnishment limits shortcomings in providing for basic needs draws attention to the need for changes to accommodate the changing economic environment. 

To achieve financial stability and avoid the effects of default, those at risk of defaulting on their student loans should look into all of their choices, including deferment, forbearance, income-driven repayment plans, consolidation, and refinancing.

Furthermore, it is critical to understand one’s rights and eligibility for loan forgiveness or discharge, particularly for those who are permanently disabled.

Author

Steve Fields is the founder and managing attorney at Fields Law Firm. Since founding the firm in 2001 he quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares.

Together with his experienced team of legal professionals, Steve ensures clients win their case, maximize their recovery while also looking out for their long-term interests, all backed with the firm’s Win-Win Guarantee®.

Fields Law currently handles cases for Personal Injury, Workers’ Compensation, Long Term Disability, Social Security Disability and Consumer Rights and has grown to be one of the largest injury and disability law firms in the nation.

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