If you have a federal student loan, you may be eligible to have the loan
cancelled through a “total and permanent disability” discharge. With some exceptions, noted below, a
discharge could mean you will not have to repay the student loan.
Federal student loans eligible for discharge
include William D. Ford Federal Direct Loan Program loans, Federal
Family Education Loan (FFEL) program loans, Federal Perkins Loans or
Education Assistance for College and Higher Education (TEACH) grant
service grant obligations. If you have a
loan through another loan programs or a private loan, check with the loan issuer
since each program may have its own discharge rules.
The Eligibility requirements, to have a loan discharged, are more
restrictive than merely having social security find you disabled, and more
difficult to meet. To be eligible you
must be unable to do any ‘substantial gainful activity’ (work involving
significant physical and or mental activities) because of a medically
determinable physical or mental impairment that has lasted 60 months, can be
expected to last for 60 months, is expected to result in death, or is due to a
100% military service connected disability.
To attempt to
gain the benefit of the program you must apply for a discharge http://disabilitydischarge.com/Pages?Users.aspx?id=35 and meet their
qualifications. You submit the
application to your loan servicer, you must submit an application for each loan
holder. To find out who your loan
servicer is, see http://www.nolo.com/legal-encyclopedia/who-is-my-student-loan-holder.html.
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