Please help me out with this one!?

I just found out the tax preparer at Jackson Hewitt made us believe we filed injured spouse due to my husbands delinquent student loans before we were ever together and come to find out they claim because I am a stay at home mom I was not eligible and the whole time I thought we filed injured spouse and found out today 2526 (our entire refund even with two kids) has been taken by Sallie Mae (student loan place) I was told by several people even an injured spouse who is unemployed can file because his past student loan obligations shouldn't be taken out on my kids and I. Whats the deal with this? Can I by any chance get this money back somehow and do you in fact have to be working to file an injured spouse?