Disabled Student Loan Forgiveness
Disabled Student Loan Forgiveness
If you’re struggling with student loan debt, you may have considered a total and permanent disability discharge. This program can help borrowers who are permanently disabled and can’t work. If you qualify, your loans will be forgiven—and you won’t have to pay them back! But don’t get too excited just yet. The Total and Permanent Disability Discharge (TPD) is not easy to get. The following information will help you understand whether this option could be right for you:
The Total and Permanent Disability Discharge is for borrowers who are unable to work and earn money because of a disability (physical or mental).
If you are unable to work because of a physical or mental disability, you can apply for a total and permanent disability discharge. This is available for federal, private, and parent PLUS loans.
To qualify for the Total and Permanent Disability Discharge (TPD), you must be unable to work in your current profession due to the medical condition that qualifies as TPD. There are several ways to prove this status:
- Proof from the Social Security Administration showing that your disability has lasted at least five years
- Proof from a doctor stating that you will never be able to engage in any substantial gainful activity (work earning $1,090/month) throughout your life as a result of your condition (this should be an official letter on company letterhead with an original signature)
Student loan debt can be discharged for borrowers who are totally and permanently disabled.
Borrowers who are totally and permanently disabled may be eligible for student loan forgiveness.
You must submit a disability application to your loan servicer. If you qualify, your loans will be discharged, but only after all of your payments have been made on time for nine months in a row. To qualify as disabled:
- The borrower has a physical or mental impairment that prevents them from working full-time (in most cases) because it limits their ability to perform either substantial gainful activity or any job at all
- The impairment is expected to continue indefinitely or result in death
Borrowers must have a qualifying disability.
To qualify for student loan forgiveness, you must have a qualifying disability. A qualifying disability is a physical or mental impairment that prevents you from doing any substantial gainful activity (SGA) and is expected to last for at least one year or result in death.
If you are approved for Student Loan Forgiveness, your loan will be discharged if:
- Your total and permanent disability renders you unable to engage in SGA on a regular basis;
- You demonstrate the existence of your disabling condition by providing medical documentation;
- You submit medical documentation that the severity of your disabling condition prevents you from engaging in SGA on a regular basis, such as being unable to work due to pain preventing standing or walking more than two hours per day while working; or
- You submit an application stating that your condition meets one of several conditions outlined by the Department of Education (DOE).
A doctor must certify the borrower’s disability condition.
The borrower must provide a certification from a physician (a medical doctor or osteopath) who has examined the borrower and determined that he or she is totally and permanently disabled. The medical certifying official will be required to sign the form under penalty of perjury.
Social Security awards benefits based on multiple factors, including whether the borrower will be able to return to work.
Social Security awards benefits based on multiple factors, including whether the borrower will be able to return to work. If a borrower is approved for Social Security due to their disability and they are deemed eligible, they may receive a portion of their disability payments as student loan forgiveness. However, this type of forgiveness requires that the borrower make all their required monthly payments while they wait for approval from Social Security. The repayment period must also be completed before applying for financial aid or student loan forgiveness benefits through another source like the Department of Education or your employer’s human resources department.
Borrowers can receive a Social Security Disability Insurance or Supplemental Security Income award to qualify for a total and permanent disability discharge.
Borrowers who receive a Social Security Disability Insurance or Supplemental Security Income award may be eligible to receive a total and permanent disability discharge. If you have already filed an application for Social Security Disability Insurance or Supplemental Security Income, you can ask the agency to “reopen” your case if it has been denied. You can also appeal that decision by making an additional request for reconsideration within 60 days of receiving notice that the initial decision was made.
If you do not receive either type of award and believe that you have total and permanent disability status, you must complete the application process outlined in 34 CFR 682(e), which details how to apply for loan discharge based on disability. Borrowers with VA determinations of “unemployability” may also be able to qualify for loan discharge under this provision based on their inability to work full-time due to illness or injury
Borrowers can use a Veterans Affairs (VA) determination of “unemployability” to qualify for a total and permanent disability discharge.
Borrowers can use a Veterans Affairs (VA) determination of “unemployability” to qualify for a total and permanent disability discharge. To do so, borrowers must meet the following criteria:
- Be a veteran with a service-related disability. To be eligible for this benefit, you must have served in the U.S. military and been injured during your time on active duty, or injured after enlistment but before completing two years of service (or 30 days from the date of being ordered to active duty).
- Have an inability to work due to your disability. The VA will determine if your condition is severe enough to prevent you from working by examining your medical history and current status; it does not make allowances for age or education level when determining whether or not someone is employable. If you are found not able to work because of your condition, you may still be eligible if you prove that there are no jobs within reasonable commuting distance that would allow you to continue earning an income while receiving benefits under both programs simultaneously
Having a disability doesn’t mean you can’t get your student loan debt discharged.
If you have a disability and are having trouble paying your student loans, don’t give up hope. Your disability doesn’t mean that your debt will follow you forever.
There are many options available to help those who have disabilities discharge their student loan debt, including:
- You can get help from the government by filing for an economic hardship deferment or forbearance on your federal student loans.
- The U.S Department of Education has an office dedicated to helping disabled individuals with their repayment plans and loan forgiveness programs. This office is called “The Office for Civil Rights: Special Assistance Project” (OCR-SAP). Call them at 1-800-421-3481 if you want more information about how they can help you discharge your federal loans through a process known as Total & Permanent Disability Discharge or TPD Discharge.* Seek out specialized legal counsel who may be able to help advise on state laws regarding disability discharges for private lenders like banks and credit unions.* Ask around from friends and family members who might have gone through something similar before making any decisions about what action should be taken next
The Total and Permanent Disability Discharge is for borrowers who are unable to work and earn money because of a disability (physical or mental). Student loan debt can be discharged for borrowers who are totally and permanently disabled. Borrowers must have a qualifying disability. A doctor must certify the borrower’s disability condition. Social Security awards benefits based on multiple factors, including whether the borrower will be able to return to work. Borrowers can receive a Social Security Disability Insurance or Supplemental Security Income award to qualify for a total and permanent disability discharge. Borrowers can use a Veterans Affairs (VA) determination of “unemployability” to qualify for a total and permanent disability discharge.