Can my SSI disability check be garnished for a student loan I sign while medicated on 2 different anti depressants +Lorazepam

Asked almost 2 years ago - Birmingham, AL

Can my SSI disability check be garnished for a student loan I sign while medicated on 2 different anti depressants +Lorazepam 1mg 3 times a day. I'm on 100% mental disability for major depression and 3 suicide attempts. Stay on life support 5 1/2 days last time.

Attorney answers (2)

  1. Ronald C. Sykstus

    Pro

    Contributor Level 11

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    Answered . Alabama law prohibits garnishment of social security money that is in a bank account. You will need to make sure this money is segregated, however, and that the only money that ever goes into that account is from social security only. This is for a judcial garnishment. For administrative garnishments, this can be trickier. These types of garnishments do not have to go through court process. As a result, claiming the exemption status is more difficult. Your question really turns on who the student loan is with and whether it is federally guaranteed. Based upon your description, you may want to explore a hardship discharge of the student loan (administratively if it is with the US Dept of Ed) or through bankruptcy if it is not. That is a tough standard to meet so you will want to talk to experienced bankrupctcy counsel. Please feel free to call my partner, Brad Botes, at 205-802-220 in Birmingham to discuss further. Good luck.

  2. A. Wilson Webb

    Contributor Level 12

    Answered . No, but not because of the medication, but because SSI benefits are resource based and always under the ceiling for federal debt administrative garnishment. To protect your SSI benefits from state court bank account garnishment, your bank has an exemption form which you can fill out listing the source of monies in your account as SSI - if the bank is thereafter served with a garnishment it is supposed to answer that your funds are exempt and not freeze your account..

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