Student Loan Disability Discharge

Posted By Law Office of Simon Goldenberg, PLLC || 10-Apr-2015

Are you unable to work and are receiving Social Security Disability Insurance? Are you a veteran that is unemployable due to a service-connected discharge?

You have rights! Defenses to your debt may exist, and you may be able to discharge or forgive your Federal student loans.

If you are totally and permanently disabled you may be eligible to discharge your loans through the Total and Permanent Disability Discharge program. If you need help, our experienced student loan lawyers may guide you through the process.

In order to discharge a student loan, certain criteria must be met, an application must be submitted, and specific evidence may be required to support the application (such as a doctors note, or benefits query for SSD). The student loan disability discharge review process process is overseen by Nelnet on behalf of the Department of Education.

Call the Law Office of Simon Goldenberg for a free evaluation - 877-717-0098.

Background Information on Total and Permanent Disability Student Loan Discharge

Total and Permanent Disability (TPD) Discharge Applications are done through a division of the U.S. Department of Education, known as the TPD Discharge Servicer. If you are deemed unable to engage in substantial gainful activity, in any field of work, you may be eligible in fully discharging your Federal student loans.

Proving your inability to engage in substantial gain activity can be accomplished in one of three ways, through the U.S. Department of Veterans Affairs, through the Social Security Administration or through the assistance of a physician:

1) U.S. Department of Veterans Affairs: If you are a veteran of the U.S. Military and are unemployable due to a service-connected disability, you must receive a determination from the U.S. Department of Veterans Affairs stating so in order to apply for TPD Discharge;

2) Social Security Administration: If you are receiving Social Security Disability Insurance, your next scheduled disability review must be 5 to 7 years or more from the date of your last SSDI determination in order to apply for TPD Discharge;

3) Physician's Certification: a Doctor of Medicine must certify that you have a medically determinable physical or mental impairment that prevents you from engaging in any substantial gainful activity, in any field of work, and can either be expected to result in death or can be expected to last for more than 60 months in order to apply for TPD Discharge.

Sample Case Represented by the Law Office of Simon Goldenberg*

In the Matter of T.T., when the client retained our office, she was receiving Social Security Disability Insurance, was unable to work, and had $130,000 in defaulted debt. After representation by our office, we successfully discharged the client's Federal student loans for a total forgiveness of $130,000 plus any additional collection costs.

If you are struggling with federal or private student loan debt, call us for a free evaluation - 877-717-0098.

*Each case is unique. Prior results do not guarantee future performance. Speak to an attorney to learn more.

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