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Jun 19, 2019

Class Action Helps Protect Some Social Security Disability Benefits From Student Loan Collection

     From Marketwatch:
Since 2007 Linda Carrasquillo has been unable to work due to an injury she suffered at her job cleaning buses.  

And yet, every month for seven years, the government took great pains to collect on a $4,000 loan she took out to pay for her daughter’s schooling — by withholding part of the money she received through her Social Security disability benefits. 

Feeling stressed by the loan, Carrasquillo and her daughter called the nonprofit organization collecting the debt on behalf of the federal government to see if she could work out a deal. But they couldn’t come to an arrangement Carrasquillo could afford. Eventually she fell behind on her rent and faced the possibility of eviction. ... 

But what Carrasquillo didn’t know is that the entire time she was struggling to manage her limited finances, the government should have never been collecting on her debt. She qualified for what’s known as a total and permanent disability discharge, which allows borrowers to have their federal student loans wiped away if they have a physical or mental disability that makes it impossible for them to work.  

Recently, Carrasquillo finally got the more than $4,000 the government garnished from her Social Security checks back — but it took a lawsuit. She’s one of nine plaintiffs in a case brought by Brooklyn Legal Services, a division of Legal Services NYC, in 2016 against multiple federal agencies that settled last month. In total, the plaintiffs got back nearly $23,000 that was garnished from their disability benefits to repay their student loans. ... 

But advocates would like the government to go further by automatically cancelling the debt in cases where they know a borrower qualifies for a disability discharge. A bipartisan group of 51 attorneys general wrote to Secretary of Education Betsy DeVos last monthasking that she automatically cancel the debt of veterans who the agency has identified as qualifying for a disability discharge. ...

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