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| | |-+  Federal School Loans Discharge Permanant disabilityTheme modified by www.pinoyden.com | WebDesigns www.devph.com		 « previous next »
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Topic: Federal School Loans Discharge Permanant disability  (Read 5343 times)
prince1969
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« Reply #90 on: February 02, 2012, 04:44:57 PM »
Really not that familiar with it, Franco. What I can tell you is that I tried to use it when I did a trial run of TurboTax and I couldn't use it. It may only apply to a distribution or something like that. The only reason I have to file this year is because of the 1099c but I can use TurboTax cause it doesn't have the form 982 that I need to use for insolvency. I tried the next upgrade and it didn't have it either. So I guess I might have to mail it in or go someplace and let them do it electronically.
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prince1969
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« Reply #91 on: February 28, 2012, 02:51:30 AM »
http://www.disabilitydischarge.com/Pages/LawsRegulations.aspx?id=72&libID=93

This will answer some earlier questions. There was a change in the regulations regarding student loans on July 1, 2010. That link describes the prior regulations and the new regulations effective July, 1 2010. The discharge dates are different for one thing as well as the definition for total and permanent disability.
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pipskicks
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« Reply #92 on: March 01, 2012, 02:08:27 PM »
Anyone here have a large amount of loans?  I have graduate school loans, my disability hit about a year afterwards, but I hadn't finished school, just very close to (disability/health issues hurt my last year), but I am wondering if having such a high amount of loans would hurt me.  Also the last loans were from 2009 and my disability (onset date) started in 2010.
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Name: David
Location: LA, CA
Age at Application: 27
Disability: IBS-D (severe)
Date Applied: 11/2010
First Approval/Denial Date: 11/2010 (prelim. approval)
prince1969
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« Reply #93 on: March 01, 2012, 02:18:25 PM »
Quote from: pipskicks on March 01, 2012, 02:08:27 PM
Anyone here have a large amount of loans?  I have graduate school loans, my disability hit about a year afterwards, but I hadn't finished school, just very close to (disability/health issues hurt my last year), but I am wondering if having such a high amount of loans would hurt me.  Also the last loans were from 2009 and my disability (onset date) started in 2010.

I doubt yours were higher than mine. Went to a private law school. It shouldn't matter. Mine were discharged after being in default for years.
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pipskicks
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« Reply #94 on: March 01, 2012, 02:24:50 PM »
Quote from: prince1969 on March 01, 2012, 02:18:25 PM
Quote from: pipskicks on March 01, 2012, 02:08:27 PM
Anyone here have a large amount of loans?  I have graduate school loans, my disability hit about a year afterwards, but I hadn't finished school, just very close to (disability/health issues hurt my last year), but I am wondering if having such a high amount of loans would hurt me.  Also the last loans were from 2009 and my disability (onset date) started in 2010.

I doubt yours were higher than mine. Went to a private law school. It shouldn't matter. Mine were discharged after being in default for years.

Thanks so much, exactly what I want to hear.  Also a private law school for me (more recent = higher loans but less time in default than yours, still might be higher Tongue )  but this is good news.  I failed one class at the end (lost medical insurance) and things spiraled out of control, now I think most Dr.'s would consider me disabled, or at least too disabled to be a reliable attorney, so I was thinking I'd have to use the undue hardship, I saw the disability thing but thought it might be hard with the "totally and permanently disabled" for me.  I have extremely bad digestive issues but they can't diagnose it so Dr.'s are uncomfortable writing that I'm "permanently" disabled despite the fact that I got on SSDI fairly easily. 
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Name: David
Location: LA, CA
Age at Application: 27
Disability: IBS-D (severe)
Date Applied: 11/2010
First Approval/Denial Date: 11/2010 (prelim. approval)
prince1969
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« Reply #95 on: March 01, 2012, 11:02:55 PM »
Quote from: pipskicks
Also a private law school for me (more recent = higher loans but less time in default than yours, still might be higher Tongue )  but this is good news.

Yeah but ten years of interest cancels out more recent.  Wink

To be eligible for the disability discharge, your doctor has to be willing to say that you are totally and permanently disabled and that condition will last five years. It is a different standard from SSA disability. My doctor filled out the paperwork before I got approved for disability.
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pipskicks
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« Reply #96 on: March 02, 2012, 05:59:23 AM »
Quote from: prince1969 on March 01, 2012, 11:02:55 PM
Quote from: pipskicks
Also a private law school for me (more recent = higher loans but less time in default than yours, still might be higher Tongue )  but this is good news.

Yeah but ten years of interest cancels out more recent.  Wink

To be eligible for the disability discharge, your doctor has to be willing to say that you are totally and permanently disabled and that condition will last five years. It is a different standard from SSA disability. My doctor filled out the paperwork before I got approved for disability.

I am still wondering if I should get an attorney, I know I am on SSDI but the Dr.'s are hesitant to put any time limit on it.  I also think I might need to work in the next 3 years to just pay rent, I guess I'll look into this some more and see what is possible for me.  Thanks so much for the info!!
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Name: David
Location: LA, CA
Age at Application: 27
Disability: IBS-D (severe)
Date Applied: 11/2010
First Approval/Denial Date: 11/2010 (prelim. approval)
prince1969
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« Reply #97 on: March 02, 2012, 07:08:37 AM »
I seriously doubt an attorney will be able to help you. This is the Dept of Ed aka the Government. They have their own standard and you can't even appeal it if you get denied for some reason. But the good thing is that the work restrictions are less restrictive than SSDI, you can earn up to the federal poverty level for a family of two for the 3 year post monitoring period. In my state, that is a little over $15,000 right now. Kinda funny that they let you earn money yet they are so big on the permanent and total disability designation from your doctor.

My advice is to look for maybe a specialist. You got plenty of time although I don't think this will be around forever but it is safe for now.
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pipskicks
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« Reply #98 on: March 02, 2012, 07:15:00 AM »
Quote from: prince1969 on March 02, 2012, 07:08:37 AM
I seriously doubt an attorney will be able to help you. This is the Dept of Ed aka the Government. They have their own standard and you can't even appeal it if you get denied for some reason. But the good thing is that the work restrictions are less restrictive than SSDI, you can earn up to the federal poverty level for a family of two for the 3 year post monitoring period. In my state, that is a little over $15,000 right now. Kinda funny that they let you earn money yet they are so big on the permanent and total disability designation from your doctor.

My advice is to look for maybe a specialist. You got plenty of time although I don't think this will be around forever but it is safe for now.

That's part of the problem, do I jump and do it (with so much debt you know how crippling it is) or do I wait to become a little more stable (which the loans can prevent if I'm not careful maybe?) and then do it?

On another note, do you know the effect the loans have on student loans in default?  I keep reading different "facts" as to the effect it has on your SSDI payments etc.
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Name: David
Location: LA, CA
Age at Application: 27
Disability: IBS-D (severe)
Date Applied: 11/2010
First Approval/Denial Date: 11/2010 (prelim. approval)
prince1969
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« Reply #99 on: March 02, 2012, 07:48:29 AM »
Well just look at the pros and cons. If you get approved, there is only a three year monitoring period where you can't earn more than the federal poverty level of two. But to get rid of those six figure student loans, that is like getting a fresh start, a do over. Another thing is, they only monitor your earnings from wages. SSDI doesn't count since it is not wages. There are potentially other types of income that would not count as wages also like investments or rental property.

Not sure what you mean by the effect of student loans but when they are in default, that is the worse. It cripples your credit and eventually they will start taking your tax returns and possibly attach a lien to any wages. I never had my wages garnished but they started taking the tax returns after 5 years or so. Not sure as I don't remember the exact time.

When you apply for the discharge, they stop all collection activities and the loans are no longer in default pending the resolution of your discharge. You will probably have to apply with the collection agency that has your loans, it is the same paperwork however. But once you apply, they leave you alone which is a relief if you know what I mean.

There is not a viable way to appeal the outcome if you are denied for some reason but you can apply again. There is nothing that says you can't. I would try to get this done sooner rather than later. There are a lot of people taking advantage of it right now which makes me believe that at some point in the future, the policy will get changed again (just my opinion though). When I was checking on the status of my application, that is why they told me it was taking so long; there was a huge backlog.

You will have to think outside the box on this one. You might even consider moving since the cost of living is so high in CA. Just a thought.  Wink
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pipskicks
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« Reply #100 on: March 02, 2012, 07:59:24 AM »
Firstly I looked into moving to Dallas but I've needed financial and other help with my disability when it got worse so staying near someone I know is probably best for right now.

I do think you're right on the student loans, I just really have ignored it as best I could, which is the worst thing to do but being disabled and unable to work it was just added stress that didn't do anything for me.  My issue is probably just the large amount of collectors I have since I stopped before finishing my last class, I have quite a few companies that hold my debt in collections I believe.
I also had credit cards and such that all went into default, so I figured I'd have to do one big bankruptcy, I just never heard of this so it's some pretty new and exciting news for me Smiley 

My issue is that IBS is pretty random in of itself, I was even told by a Social Worker I saw recently that they don't give disability for it.  Most Dr.'s think at the very least I require further testing, I'm not sure that any would write that I'm totally and completely disabled for the next 5 years.....I'm sort of waiting until November for Medi-Care to kick in to see a real GI :/
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Name: David
Location: LA, CA
Age at Application: 27
Disability: IBS-D (severe)
Date Applied: 11/2010
First Approval/Denial Date: 11/2010 (prelim. approval)
prince1969
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Posts: 1030
« Reply #101 on: March 02, 2012, 10:32:00 AM »
I consolidated mine after I graduated so all the federal ones were with one agency. I still had a few private ones. The problem is that you will have to apply separately with each lender/collection agency. The private ones don't have to discharge your loans. It is up to them.

It is virtually impossible to consolidate if you are in default. Just about all my credit problems were the student loans with a few exceptions. You can get them discharged in bankruptcy but it is much harder. I even did one six years ago. Had attorney, told him I was filing just because of the student loans. He said there was a separate hearing and it would cost more. So I paid him and then when it was time, he changed his story and said it was almost impossible to get them discharged. So that was the only reason I filed. Of course I wanted my money back that I paid for the hearing. He reluctantly agreed. For some reason, he was closing his practice around the same time which was suspicious but he refunded my money.
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Audarah
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Posts: 30
« Reply #102 on: March 09, 2012, 11:32:51 AM »
I really thank you for writing this information. I, too, was under the misconception that you had to be on SSI to even think of applying for discharge. I haven't been able to work for years due to disabilities and underwent brain surgery this past September which caused a stroke. AES is banging down my door for payment. I just put them into deferment and just now printed out the forms my doctor needs to fill out. They seem to be SO picky and I have read some horror stories about them sending them back. Did anyone just fill out their own forms and have their doctor sign off? I am actually afraid to ask her to do this and she is a very great, compassionate doctor. I know when she was filling out forms for me to get medicaid she asked ME "What do you want me to put down, temp disabled or permanently", so I think she will do this for me. I wish my life would have turned out different ( dont we all) but I sincerely cannot afford the 40,000.00 in college loans and 300.00 a month payment. Not only am I disabled, but I have a 16 year old with severe mental retardation and autism. Even if I WASN'T disabled, I STILL couldn't afford to pay those back as I am always with him and his primary caretaker.
Again, thank you so much for this information. I am so very glad to hear that most of you have had them discharged. That is such a relief and as one said- it is like starting life all over again. I am on seven different prescriptions alone just for the anesthesia dolorosa ( permanent pain syndrome) and crushed nerves to my face and mouth. I go to therapy twice a week and cannot walk without a cane and walker, and I make use of a shower chair. My whole life was turned upside down by a brain surgery gone wrong, so I will surely be trying to do what I can to get these discharged. Thank you again so much. But on the question, please let me know if you filled out the forms and your doctor signed off or what exactly did you say to your doctor? Im so scared to ask; but mainly I tend to live in tons of fear these days.
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Name: Jodie
Location: Pennsylvania
Age at Application: 35
Disability: COPD, Asthma, Narcolepsy,Trigeminal Neuralgia, Stroke, Post Stroke Syndrome, Foreign Accent Syndrome, Depression and Anxiety, Anesthesia Dolorosa (severe pain), Obstructived Sleep Apnea, Sphincter of Oddi Dsyfunction
Date Applied: October 28, 2011
First Approval/Denial Date: Approval: First try, no attorney April 23,2012
prince1969
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Posts: 1030
« Reply #103 on: March 09, 2012, 11:40:41 AM »
I think I let him fill it out but I made an appt with him just to do it so I was right there. I would suggest bringing in a copy with the form filled out correctly and a blank copy for him to fill out if he agrees or his staff. That is the most important part of the process IMO. Filling out the form correctly. Then you just need to be very patient.

Make sure he doesn't use code for the diagnosis. I wasn't sure if mine did but I think cause he went in detail, it was alright. It never got kicked back regardless.
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Dragon Fly
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« Reply #104 on: March 09, 2012, 01:58:39 PM »
Welcome Jodie!
I LOVE your photo. "Keep Going" is a saying that has helped me for 15+ years. Smiley
I did exactly what prince suggested, I filled out the forms myself, and brought a blank one to each doctor, at an appointment, so I was basically "there" with tears in my eyes asking for help.
My primary dr. and neurologist literally just read over what I wrote, signed it, and put a copy in my file. My first surgeon took the blank form, and had his secretary copy my answers word for word, and signed that one. And my last surgeon completed it on their own, WORSE than I was completing it. So anything can happen!
My psych and therapist took a couple of weeks to write up their reports...neither of them completed the RFC form itself, they did a "see attached" note and then wrote detailed responses for each question.
Glad to have you here...
>;<
Dragon Fly
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"And those who were seen dancing were thought to be insane by those who could not hear the music." --  Friedrich Nietzsche
Name: >;<
Location: CA
Age at Application: 37
Disability: Cervical & Lumbar DDD, Spinal Stenosis, Radiculopathy, Major Depressive Disorder, Anxiety Disorder, Chronic PTSD
Date Applied: October 8, 2010
First Approval/Denial Date: Approved verbally March 15th, 2011. Approval letter dated April 5, 2011
Additional Info: 2 weeks in QR, Received backpay April 4th, 2011
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