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Social Security Checks Garnisheed for Student Debt

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Cross-posted from Truthdig


Ethan Prater
(CC BY 2.0)

This piece originally appeared at Web of Debt.

"The Social Security program ... represents our commitment as a society to the belief that workers should not live in dread that a disability, death, or old age could leave them or their families destitute."
      -- President Jimmy Carter, December 20, 1977

"[This law] assures the elderly that America will always keep the promises made in troubled times a half century ago ... . [The Social Security Amendments of 1983 are] a monument to the spirit of compassion and commitment that unites us as a people."
      -- President Ronald Reagan, April 20, 1983

So said Presidents Carter and Reagan, but that was before 1996, when Congress voted to allow federal agencies to offset portions of Social Security payments to collect debts owed to those agencies. (31 U.S.C. -3716).  Now we read of horror stories like this:

"I'm a 68 year old grandma of 2 young grandchildren. I went to college to upgrade my employment status in 1998 or 1999. I finished in 2000 and at that time had a student loan balance of about $3,500.00.

"Could not find a job and had to request forbearance to carry me. Over the years I forgot about the loan, dealt with poor health, had brain surgery in 2006 and the collection agents decided to collect for the loan in 2008.

"At no time during the 6-7 year gap did anyone remind me or let me know that I could make a minimum payment on the loan. Now that I am on Social Security (have been since I was 62), they have decided to garnishee my SS check to the tune of 15%.

"I have not been employed since 2004 and have the two dependents . ...  I don't dispute that I owed them the $3,500.00 but am wondering why they let it build up to somewhere around $17,000/20,000 before they attempted to collect."

Her debt went from $3,500 to over $17,000 in 10 years?! How could that be?

It seems that Congress has removed nearly every consumer protection from student loans, including not only standard bankruptcy protections, statutes of limitations, and truth in lending requirements, but protection from usury (excessive interest). Lenders can vary the interest rates, and some borrowers are reporting rates as high as 18-20%. At 20%, debt doubles in just 3-1/2 years; and in seven years, it quadruples. Congress has also given lenders draconian collection powers to extort not just the original principal and interest on student loans but huge sums in penalties, fees, and collection costs.

The majority of these debts are being imposed on young people, who have a potential 40 years of gainful employment ahead of them to pay the debt off. But a sizeable chunk of U.S. student loan debt is held by senior citizens, many of whom are not only unemployed but unemployable. According to the New York Federal Reserve, two million U.S. seniors age 60 and over have student loan debt, on which they owe a collective $36.5 billion; and 11.2 percent of this debt is in default. Almost a third of all student loan debt is held by people aged 40 and over, and 4.2% is held by people over the age of 60. The total student debt is now over $1 trillion, more even than credit card debt. The sum is unsustainable and threatens to be the next debt tsunami.

Some of this debt is for loans taken out years earlier on their own schooling, and some is from co-signing student loans for children or grandchildren. But much of it has been incurred by middle-aged people going back to school in the hope of finding employment in a bad job market. What they have wound up with is something much worse: no job, an exponentially mounting debt that cannot be discharged in bankruptcy, and the prospect of old age without a social security check adequate to survive on.

Gone is the promise of earlier presidents of a "commitment to the belief that workers should not live in dread that a disability, death, or old age could leave them or their families destitute." The plight of the indebted elderly is reminiscent of the Irish immigrants who came to America after a potato famine in the 19th century, who were looked upon in some places as actually lower than slaves. Plantation owners kept their slaves fed, clothed and cared for, because they were valuable property. The Irish were expendable, and they were on their own.

It is obviously not a good time to raise interest rates on student debt, but they are set to double on July 1, 2012, to 6.8%. Many lawmakers in both parties agree that the current 3.4% rates should be extended for another year, but they can't agree on how to find the $6 billion that this would cost. Republicans want to take the money from a health-care fund that promotes preventive care; Democrats want to eliminate some tax benefits for small business owners.

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Ellen Brown is an attorney, founder of the Public Banking Institute, and author of twelve books including the best-selling WEB OF DEBT. In THE PUBLIC BANK SOLUTION, her latest book, she explores successful public banking models historically and (more...)
 

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Why wouldn't they just spend a few million a year ... by Rob Kall on Friday, May 11, 2012 at 4:17:56 PM
would realize that the Federal student loan "laws"... by Mark Adams JD/MBA on Saturday, May 12, 2012 at 12:55:47 PM
Good points all; thanks.Indentured Servant:  ... by Ellen Brown on Saturday, May 12, 2012 at 1:23:39 PM
their training, something that we now see as educa... by Mark Adams JD/MBA on Saturday, May 12, 2012 at 1:29:37 PM
Another good point!  Being a lawyer though, I... by Ellen Brown on Saturday, May 12, 2012 at 2:17:41 PM
judges typically could be trusted to rule in favor... by Mark Adams JD/MBA on Saturday, May 12, 2012 at 3:54:22 PM
article on this issue posted on Nation of Change.&... by Mark Adams JD/MBA on Monday, May 14, 2012 at 10:13:56 AM
Yep,  we should put our feet down and say, "n... by Ernie Messerschmidt on Friday, May 11, 2012 at 4:40:05 PM
And while the bankers' shills in Congress are maki... by Robert James on Friday, May 11, 2012 at 5:25:31 PM
Yep.  Actually the banks lend to each other a... by Ellen Brown on Saturday, May 12, 2012 at 1:29:20 PM
It seems so absurd that most people simply cannot ... by Derryl Hermanutz on Saturday, May 12, 2012 at 7:49:32 PM
and during that time, hundreds of thousands of stu... by Doc McCoy on Sunday, May 13, 2012 at 1:22:22 AM
I have kids with student loans. I know for a fac... by Ernie Messerschmidt on Sunday, May 13, 2012 at 1:26:08 PM
I was referring directly to those who are having t... by Doc McCoy on Sunday, May 13, 2012 at 8:13:53 PM
Doc, you missed the point.... by ketcher on Sunday, May 13, 2012 at 9:59:04 AM