I graduated from college with a lot of debt, got a job and started working but am now not working because of a disability having to do with my spine. I still have a lot of student loans and don't see how I can pay them with the little amount I collect from SSDI. Are any of these loans dischargeable? If I could get even some of the loans discharged I think I could get back on my feet and avoid bankruptcy. Thanks.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Total and Permanent disability discharge for student loans
Certain types of student loans may be discharged for people recognized by the Department of Education (DOE) as having a "total and permanent disability" or TPD. To have a TPD, the person must have some sort of physical or mental disability that: (1) is expected to cause death; (2) is expected to last for an uninterrupted period of at least 60 months (5 years); or (3) has lasted for an uninterrupted period of 60 months.
A couple of things worth noting. First, this discharge program only applies to disabled people with loans from the Federal Family Education Loans, Perkins Loans, William D. Ford Federal Direct Loans, or the Teacher Education Assistance for College and Higher Education Grants. Second, the process for determining whether a person is disabled for purposes of this program is different from the process for determining if a person is disabled for SSDI or SSI benefits. Finally, the TPD discharge applications (see link below) must be reviewed initially by the holder of the loan and by the applicable guaranty agency. If those two organizations approve the application, it is then reviewed by the DOE. Good luck.
Links re total and permanent disability discharge
Follow this link for a good FAQ re TPD
Application for TPD discharge