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Illegal Garnishments Of


Berta
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http://www.vawatchdog.org/08/nf08/nfsep08/nf091708-1.htm

"Steele (attorney W. Trent Steele)said regardless of the reason, it's illegal to garnish someone's direct-deposited Veterans Administration or Social Security benefits — and banks and creditors know that.

Some of the nation's largest banks are doing it anyway, and the U.S. Senate Special Committee on Aging is pushing for an investigation, according to a committee report"

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I see a major class action lawsuit here.

Too bad I cant get in on the action. I know someone that can.

J

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The VA garnished my Social Security Disability check, my only source of income for myself and my wife. The garnishment was for VA medication copayments for my 17 prescriptons per month at 8.00 each. I got behind in my monthly rementance to the VA.

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Unfortunately, the government does not have to garnish wages when you have direct deposit. It merely uses a little known clause in the direct deposit laws that allows them or any other source of a direct deposit to "correct errors"

http://www.vawatchdog.org/08/nf08/nfsep08/nf091708-1.htm

"Steele (attorney W. Trent Steele)said regardless of the reason, it's illegal to garnish someone's direct-deposited Veterans Administration or Social Security benefits — and banks and creditors know that.

Some of the nation's largest banks are doing it anyway, and the U.S. Senate Special Committee on Aging is pushing for an investigation, according to a committee report"

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The VA garnished my Social Security Disability check, my only source of income for myself and my wife. The garnishment was for VA medication copayments for my 17 prescriptons per month at 8.00 each. I got behind in my monthly rementance to the VA.

Go to the business office/billing dept at your VA hospital and as for a waver. If you meet the income means test that shows your SSDI and/or other income source, less your copayments for your medications is used up by your living costs. The form is pretty self explanitory on how to fill it out and what records you may have to show.

It will then be evaluated and a determination will be made to either wave the paying of the fees or an amount they figure you can pay. There is a catch, not all your fees may be waved, their is a time period for what can be waved and then once you have received a determination, you will have to check in every two or three months to have any new charges put on the waver list and then each year you will have to update your means test again.

I almost had my SSDI check garnished like you, but got all but $10.00 a month waved. My bill still shows how much I owe, which is now about $1,000.00, but I only have to pay the $10.00 each month. That will change I think, now that I will be going from 0% SC to 10%, I'm sure I will have to file a new means test, and I hope with the cost of everything going up like it has, I'll still only have to pay a fraction of what I would otherwise have to.

I am a bit surprised that no one told you about the waver you could apply for, before they garnished your check. Look into it, it may be the relief you need. Also check into the means test that the Hospital does on all Veterans that determines whether or not you pay a copay. If you have enough acceptable expences, it may lower your income means below their so called poverty level and then you might not have a copay to worry about.

Good luck and let us know how things turn out.

Rockhound Rider :rolleyes:

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When I was in the military, I was an asset. Today I am a libility. I am retired and disabled and therefore, useless to the gov. I guess you could say. I am expendable.

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