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conditional discharge

Date: Fri, 06/13/2008 - 15:02

Submitted by ladybug
on Fri, 06/13/2008 - 15:02

Posts: 2753 Credits: [Donate]

Total Replies: 15

conditional discharge


I have been submitting earnings which have been $0.00 since May 2, 2005 for a discharge of my student loan that I had gotten many years ago. How long does it take for it to get completely discharged?


Sorry ladybug, I don't know very much about student loans.

From what I've heard, it is very difficult to get them cancelled/discharged. You have to prove that you're in a permanent situation and basically that you will never be able to pay it back. If they think your situation is only temporary (ie 10 years from now you might be working), then they won't let it go.


lrhall41

Submitted by DebtCruncher on Sat, 06/21/2008 - 13:10

( Posts: 2293 | Credits: )


Ladybug this is what I found on the Federal website for Total and Permanent disability(it looks like it should only take a year):

How do I get my student loan discharged under Total and Permanent disability?
Fill out the Total and Permanent Disability Discharge form. A physician licensed in the United States must certify your total and permanent disability by providing information on the form and signing it. Send the form to your lender for approval; then the Department of Education reviews your information and determines final eligibility.


Are there forms to fill out?
Yes, you must submit a form called: Loan Discharge Application: Total and Permanent Disability (TPD application). You must complete sections 1 and 2. Your medical doctor or doctor of osteopathy must certify that you have a disabling condition that; a) is expected to last indefinitely or result in death AND, b) prevents you working and earning money in any capacity. The form must be certified by a physician or doctor of osteopathy who is licensed to practice in one of the 50 United States or the District of Columbia.

Who do I contact to file my disability status?
You must submit a TPD application to each loan holder.

Who determines whether or not I????????m disabled?
Your doctor certifies whether you have a disabling condition that is expected to last indefinitely or result in death, and prevents you from working. Following this certification, the Department of Education????????s (ED) Conditional Disability Discharge Unit determines eligibility for discharge of the loan balance. Their decision is final.

I have a partial disability that affects my employment. Is my loan dischargeable?
No. Loans are discharged when an individual is totally and permanently disabled, unable to work and earn money in any capacity and approved by Department of Education (based on eligibility criteria for discharge of Federal student loans).

If I am approved as eligible for TPD discharge, is my loan discharged from the date of eligibility or from the unable to work date?
It is discharged from the unable to work date.

How long will the process take?
The eligibility and loan discharge process can take more than one year.


Can I appeal a determination?


lrhall41

Submitted by kolodin616 on Wed, 06/25/2008 - 04:23

( Posts: 157 | Credits: )


Ladybug-I just found it on the FED. site it states at the bottom how long you have to verify income(3years)
Student loans may be discharged if you have a TPD. The Department of Education (Department) considers you to have a TPD if you are unable to work and earn money because of an injury or illness that is expected to continue indefinitely or result in death.

The following will help you navigate the discharge process:

The TPD process is complex and will take a significant amount of time; the time varies depending on the dates of disability and TPD application.


TPD applications must be reviewed first by the loan holder and guaranty agency. If approved by them, the Department then reviews the applications. You and your physician may be contacted at each level of the review.


The Department of Education????????s TPD requirements are different from the disability eligibility requirements for Social Security, Veteran????????s Affairs, or any other federal agency.


A doctor of medicine or osteopathy, authorized to practice in the United States, must describe and certify your TPD status on the TPD application form [see link below].


You must provide each loan holder with a separate TPD application with your original signature and the doctor????????s signature. The doctor????????s signature may be either an original or a photocopy, but may not be a stamp.


You are not eligible for TPD discharge if you were totally and permanently disabled before receiving the last disbursement on any federal student loans, other than a consolidation loan.


You will be asked to provide income verification through the I.R.S. for a period of at least three years following the date of disability.


If you receive final TPD approval, the Department should also review your eligibility for refund of payments made after the date of disability.


lrhall41

Submitted by kolodin616 on Wed, 06/25/2008 - 04:28

( Posts: 157 | Credits: )


Thanks for the info...it's been 3 years and I have had to submit zero earnings every year since then to the DOE. I was just wondering should I be getting a notice from them any day now discharging my student loan? I just had to submit a statement of zero earnings for this year 2008, and the year isn't even up yet. What do you think that was all about. I applied for this in May, 2005 so it has offically been over 3 years. Just tired of telling them the same thing every year. :twisted:


lrhall41

Submitted by ladybug on Wed, 06/25/2008 - 14:52

( Posts: 2753 | Credits: )


Ladybug I would call them, go to the website I listed above you might also have a refund coming to you:
You will be asked to provide income verification through the I.R.S. for a period of at least three years following the date of disability.


If you receive final TPD approval, the Department should also review your eligibility for refund of payments made after the date of disability.

I take it as if you were disabled before applying for the TPD anything you paid before might be refunded to you. Anyway, your right you applied in May 2005 A lot of times any government agencies and state agencies can take awhile. If you contact the mediator on the fed. site I gave you they assist people in resolving any issue on your behalf. Good Luck I hope everything works out for you. Take Care


lrhall41

Submitted by kolodin616 on Thu, 06/26/2008 - 04:37

( Posts: 157 | Credits: )


i have filled application for tpd and had my doctor sign and fill it out too. it was returned as incomplete. doctor filled another letter stating clearly i cannot work and i mailed it. it was returned as incomplete again. what do they( loan department ) want? can someone help?


lrhall41

Submitted by anonymous on Wed, 09/17/2008 - 15:24

( Posts: 202330 | Credits: )