How to Get Total and Permanent Discharge of Student Loan Debt
Over the past few years, student loan debt and its forgiveness have been hotly debated topics and we have been bombarded with forgiveness programs in the news. If you are disabled and still strapped with student loan debt, the Department of Education has drastically revised its rules for discharging student loans for those with disabilities or veteran benefits.
There are 3 ways your student loan debt may be (or may already have been) forgiven:
If you are a disabled veteran, you may be eligible for discharge if the Veteran’s Administration (VA) has awarded you disability because you either had a 100% disabling service-connected disability or if your disability totally prevents you from employment.
If you currently receive either Social Security Disability (SSDI) or Supplemental Security (SSI) and the Social Security Administration (SSA) has set your case for review out for five to seven years. [**The Department of Education is working with the VA and SSA to identify individuals who qualify for the discharge and may have already sent you a letter about this. If so, your debt(s) are likely forgiven. Please retain a copy of this for your records. You may also contact your local administration office to inquire if you had previously received this letter.**]
If you are disabled but have not been yet found eligible for disability or veteran’s benefits, you may still apply for discharge with the proper doctor certification.
If you are a disabled veteran, social security recipient, or unable to work due to disability, an application to discharge your loan can be found at: https://www.disabilitydischarge.com/.
You will need to have the following information, depending on your circumstances:
For Disabled Veterans or Social Security recipients, you will need your benefits award letter and your next disability review date (for social security).
If you are seeking discharge through a doctor, there are some additional requirements:
Your doctor must be an M.D. or D.O. (This is the case even if your primary doctor is a P.A. or A.P.R.N) and
Your doctor must certify that you are “unable to engage in substantial gainful work activity,” that this was caused by your disability and that your disability will last at least five years.
If you have any questions about your particular situation or need assistance in the process, the Department of Education allows you to appoint a representative of your choosing. You may also contact our Helpline at 501-376-3423.
AUTHOR: ERIC SOLLER, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES