And in 2014, the Senate Special Committee on Aging met Rosemary Anderson of Watsonville, Calif., who testified that the unpaid balance on her student loan, over $125,000, seemed beyond what she could ever expect to pay off. Loan modifications were too little, too late. The specter of default is top of mind, no matter what solutions become available. “No matter what I become eligible for, there’s always that fear,” said Anderson on Wednesday.
When she was in her 30s, she borrowed about $64,000 to obtain a bachelor’s degree and a master’s degree. She completed both and now works for the University of California at Santa Cruz. But with the impact of a divorce, health problems, periods of unemployment and an underwater home mortgage, the 57-year-old Anderson is worried that those loans will follow her into retirement and sap her Social Security benefits. Anderson testified that she hasn’t made a payment in eight years, as multiple loans have gone into forbearance programs and consolidation, and while she said the current consolidated loan is in good standing, the interest capitalizes, adding to the loan balance. “I find it very ironic,” she testified, “that I incurred this debt as a way to improve my life, and yet I sit here today because the debt has become my undoing.”
Parents paying off loans taken out to send their kids to school have made headlines, but those loans amount to about 25% of student loan debt for borrowers 50 and over. The GAO study found that over 70% of seniors' student loan debt was incurred to finance their own educations. Social Security began the direct deposit of benefits in 1996 as a pilot program. Since then it has become the only way to get paid. The last paper check was supposed to have been mailed in March 2013 except for unbanked recipients.
But while the Federal government giveth electronically, it’s an easier way for it to repay itself for certain types of Federal debt. The common law right of set off, which essentially allows a creditor to reconcile what it is owed by a debtor, gives the Treasury Department first dibs on some Federal debt, and the government withdraws up to 15% of borrowers' Social Security benefits straight from their accounts to pay for Federal student loans. These benefit grabs have often been described as garnishments, especially when a loan is in default, but unlike garnishments, Uncle Sam does not need a court order to take the money. People like Anderson, who expect to see their incomes decline in retirement, also expect to be pushed closer to the edge as their golden years become leaden. “Some people may think of student loan debt as just a young person’s problem,” said Florida Democrat Bill Nelson, chair of the Senate Committee. “As it turns out, that’s increasingly not the case.”
Unpaid Student Loans The Feds Can Grab Social Security Benefits as Payment - Page 3 - MainStreet