Debt Collection & Anti-Assignment Protection

In a pro se action the Court of Appeals for the Second Circuit has held that SSI benefits are not attachable for child support. The Court ruled that SSI benefits are exempt because they do not constitute monies received in remuneration for employment. The pro se claimant, whose bank account was…

A website developed by the National Consumer Law Center. NCLC's Student Loan Borrower Assistance Project is a resource for borrowers, their families, and advocates representing student loan borrowers. This site is for people who already have student loans and want to know more about their…

SSA final rule removed the 10-year limitation to collect Title II, Tile XVI, and Title VIII overpayments from the federal offset. Additionally, State tax refunds are now also subject to the treasury offset program.   Effective November 21, 2011, the Treasury Department will be…

Fact Sheet on Administrative Offset by National Consumer Law Center

New laws to protect money and property of the elderly and the disabled go into effect shortly.   Here are the highlights: Special protection under homestead law As of March 16, 2011, homeowners who are disabled or age 62 or older have three choices in connection with the new homestead…

Interim Final Rule effective May 1, 2011. Comments must be received on or before May 24, 2011.Financial institutions that receive garnishment orders must first determine if the United States or a State child support enforcement agency is the plaintiff that obtained the order. If so, the fin…

Form that must be used to apply for discharge of federal student loans based on total disability

Use this form to get information about client's debts to the federal government before applying for EAJA fees 

Power Point Presentation from MA Department of Revenue explains how DOR withholds money from SSI/SSDI beneficiaries, how to modify a child support order, how to adjust arrears and apply for penalty exemptions.

Decision from the U.S. Bankruptcy Court for the District of MA (Eastern Division). The court held that the debtor can claim "undue hardship" asking to discharge her student loan debts where the debtor was a mother who cared for her seriously ill, impaired child and whose only source of…

Discharge of student loans based on inability to repay due to the Debtor's obligations to care for her severely disabled child. "Totality of Circumstances" test.

POMS Section: GN 02201.040 

Cross-program recoupment of overpayments. 

This brief describes types of student loans that exist and effects or defaulted student loans on individuals benefits. Reviewed are increased efforts to collect on defaulted student loans as well as remedies to take a loan out of default.

State's use of respondents' Social Security benefits to reimburse itself does not violate anti-assignment clause in 42 U.S. C. § 407(a). Neither the Department's effort to become a representative payee, nor its use of respondents' Social Security benefits when it acts in that capacity, amounts to…

SSA link to the POMS section on Benefit Payment Offset. BPO is the reduction of Social Security's title II benefit payments to recover delinquent non-tax debts owed to other Federal agencies. It is an automated process performed by the Department of the Treasury's Financial…

SSA, 207(a), 1631(d)(1), 42 USCA 407(a), 1383(d)(1) Extra-judicial attempts by bank to reach social security benefits may violate Social Security Act's anti-assignment provision where the procedure used is unduly coercive.