Retirement Social Security

The Government Can Take up to 15% of Your Social Security Check - Here's Who's at Risk

An old collection rule could put some retirees at risk.

By Adam Palasciano , Edited by Laura Hohenstein

Updated Sept. 18, 2026

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Most retirees probably don't expect an old student loan to follow them into Social Security. Yet federal law allows the government to withhold part of certain Social Security benefits to collect defaulted federal student debt, a possibility worth factoring into your retirement plan if you're still carrying loans. The Education Department has temporarily paused these involuntary collections, but the underlying authority hasn't disappeared.

Hundreds of thousands of people near or already at Social Security claiming age have been estimated to hold federal student loans in default, and millions of older Americans still carry student debt. A future return of collections could seriously put an important source of retirement income back in play.

Here's what senior borrowers should understand before that possibility becomes a problem.

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Defaulted federal loans can put benefits at risk

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When a federal student loan goes into default, the government has collection powers that private lenders generally don't. Through the Treasury Offset Program, federal agencies can intercept certain government payments, including Social Security benefits, to collect delinquent federal debt. Treasury says a Social Security offset for federal nontax debt is limited to the lesser of 15% of the monthly payment or the amount above $750.

The Education Department currently has involuntary student loan collections through this program on hold, but it's a delay for now rather than a permanent elimination.

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The $750 protection hasn't kept up with inflation

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The law does protect part of every monthly Social Security payment, but the floor is surprisingly low. Only $750 per month is protected from this type of offset, a threshold the Consumer Financial Protection Bureau says was established in 1996 and has never been adjusted for inflation.

For example, someone receiving $1,500 per month could legally lose $225, leaving $1,275, while someone receiving $800 could lose no more than $50 because the payment can't fall below the $750 floor. That rule can hit especially hard when Social Security already covers essentials such as food, housing, prescriptions, and health care.

Hundreds of thousands of seniors have been exposed

The scale of the problem grew substantially before pandemic-era collection pauses. The CFPB found that the number of Social Security recipients whose benefits were reduced for student debt rose from roughly 6,200 in 2001 to about 192,300 in 2019, when the average amount collected reached $2,232 per year, or $186 per month.

The agency also estimated in 2025 that about 452,000 borrowers aged 62 and older had defaulted student loans and were likely receiving Social Security, while 2.7 million borrowers in that age group carried student loans as of 2023.

The financial consequences can be serious: CFPB research found that half of Social Security beneficiaries with defaulted student loans skipped a doctor's visit or didn't pick up a prescription medication because of cost, or both.

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A proposed law could change the rules

Some lawmakers now want to eliminate the threat permanently. On Aug. 17, 2026, Sen. Bernie Sanders (I-VT) announced plans to introduce the Stop Social Security Garnishment Act of 2026, with Sens. Elizabeth Warren (D-Mass.), Ed Markey (D-Mass.), and Ron Wyden (D-Ore.) listed as cosponsors.

The proposal would prohibit the federal government from offsetting Social Security retirement and disability benefits to collect student loan debt, but as of early September, it hasn't been formally introduced or assigned a bill number. In other words, the announcement shows that Congress is paying attention to the issue, but borrowers shouldn't plan their finances around the proposal becoming law.

Borrowers can take action before collections return

Anyone with a federal student loan in default doesn't necessarily have to wait and see what happens. Federal Student Aid says loan rehabilitation can remove a loan from default after the borrower signs a rehabilitation agreement and makes the required payments; Direct Loan and FFEL borrowers generally need nine on-time payments within 10 consecutive months.

Once a loan is out of default, borrowers may also qualify for income-driven repayment options, while some defaulted loans can be consolidated into a new Direct Consolidation Loan under qualifying conditions. With involuntary collections currently delayed, borrowers who are concerned about future offsets have a window to contact their loan holder or the Education Department's Default Resolution Group (DRG) and explore their options.

Bottom line

Could losing even $100 or $200 from your monthly Social Security benefit disrupt your retirement budget? If so, checking the status of any old federal student loans now makes sense, particularly because the current pause on involuntary collections isn't the same thing as permanent protection.

Getting a defaulted loan back into good standing could remove a risk that becomes much harder to manage once Social Security is a major part of your monthly income.

There's also time to respond before an offset suddenly appears. Federal Student Aid says borrowers facing a Treasury offset receive written notification before federal benefit payments are scheduled to be withheld, giving them an opportunity to address the debt.

Knowing your loan status, your repayment options, and how much income you could potentially lose can help eliminate some stress living on Social Security and make your retirement budget more predictable.

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