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SSDI Garnished by IRS and Student Loan

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Giambalvo

Junior Member
What is the name of your state? Arizona.
Regarding Student Loan from 1990: 1) I was unable to use training to obtain work due to a physical problem of which I advised the school prior to applying for the loan. I was advised not to worry about it by the head instructor/Mgr. Later, half-way through the class he expressed concern that it was worse than he had believed and I could deal non card games (that didn't work either). Secondly, I read that DoE can't garnish totally disabled people when they are not expedcted to be well enough to return to work for years. I sent the Disablity Application in to the DoE after having my psychiatrist verify that I was not going to be ready for sometime. Then the DoE insisted it must be completed by an MD (even though I'm disabled due to a mental disorder) so I left the form at my physicians office, and when I followed up they couldn't find it and advised the doctor wanted to see me in his office. I have no health insurance and had to wait until my disability check arrived, but DoE said my time was up. I guess I can apply for a hardship, but in my present state it is very hard for me to leave my home, and I have a hard time dealing with all the Bureaucratic red tape.
I obtained employment in April, 1991, through 1994, at which time I was let go when a merger caused them to downsize. Half of the departments, including mine, were eliminated. The day I was let go, I had a foreclosure notice waiting for me, and my husband and I had separated a few days prior. I fell into a severe depressive state, and I knew I owed taxes, but I had no money and I just couldn't deal with it at the time. I thought I'd file the following year when I felt better (maybe I could income average). I never filed taxes againi until 1995 or 1996 to see what would happen. I had a refund due of either $700 or $900 and I figured if they didn't give it to me they'd offset it against my debt to them. 0 por Whenever I worked I always claimed 0 or 1 exemption, so I was fairely sure I didn't owe them for the years following 1994. When I filed in 96, I received a letter saying I had 30 days to advise them of the amount I felt I owed the IRS. One week later they sent me a letter saying I owed $1500, which I thought was quite reasonable until I noticed that was only for 1994. I never received anything else and I never dug through the boxes searching for 10 years of tax receipts, etc. I continued to claim 0-1 exemption on my W-2's, but never filed. I wasn't that worried, because I figure that $1500 was surely less than the amount they owed me over the years I paid but didn't file. This month my check was a third less due to the IRS garnishment. I was not notified of the garnishment, nor informed of the total amount they claim I owe, nor advised if the matter could be discussed and an alternative could be reached.

Before I couldn't afford health insurance, now I can barely afford groceries. And I don't qualify for any assistance from Arizona State. If you have any suggestions regarding a remedy in lieu of the garnishments, I would be very greatful.

I look forward to hearing from you.

My thanks,

LInda

P.S. Prior to moving here from Los Angeles, I attended a Litigation Assistance course at UCLA extension and received my Paralegal certification. What's worse I worked ten years for an attorney who specialized in insolvency. I should be able to find my own answers, I know, but I just don't have the incentive for research that I once did, and the Bankruptcy's Rules changed a lot in 15 years and so have tax laws. I only mentioned this so you don't have to make your response so remedial.+
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Snipes5

Senior Member
1. Separate your writing into paragraphs, it will be easier to read.

2. Go see someone at your local IRS office. This is entirely too complicated to address on a message board, and the IRS will help you for free.

3. I can assure you that they DID attempt to contact you in the past about these debts. They don't just go straight to garnishment without at least sending out a "Notice of Intent to Levy".

4. A psychiatrist is an MD.

Snipes
 

Giambalvo

Junior Member
Disability Garnisihment

Arizona.

I appreciate your prompt response. I will take your advise regarding shorter paragraphs.

I intended to contact the IRS, I just wanted to know if I would receive credit for taxes paid but not filed or if I'll just be penalized to death.

I've never received a Letter of Intent in either case, but then my last known address in their files has changed a few times. I just don't understand why they couldn't get the address from the SSA who sends me my garnished check. I take that back. They sent nothing because they are not required to do more.

I know a Psychiatrist is also a medical doctor, but I still don't go to him for physicals, and I don't go to physicians for a diagnosis of emotional/mental problems. But the DoE won't accept his prognosis unless he is strictly a medical doctor. Perhaps they don't believe that people can be incapacitated by fear and depression. Maybe they don't acknowledge the reality of an illness unless it is visible on an x-ray.

I'll let you know how it goes with the IRS.

Thanks for your help.

LDG
 

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