Results 1 to 3 of 3
  1. #1
    Join Date
    Jul 2009
    Posts
    249

    Default Retroactive Student Loan Disability Discharge

    Missouri

    Friend is applying for permanent and total disability discharge of federal student loans. The way the system works is, you apply for the discharge, then if you are accepted, you are given a "conditional discharge" which lasts for three years. If you continue to be permanently and totally disabled for the three year conditional discharge period, you get a final discharge.

    On discharge application forms which expired 12/08, there were two questions for the physician, a) when did the disabling condition begin, and b) when did the disabling condition render the applicant totally unable to work? It was understood that the conditional discharge period was retroactive beginning when the disabling condition rendered the applicant totally unable to work. I.e., if the physician certified that the applicant became totally unable to work in 5/06, then the conditional discharge period would expire in 5/09, even if the applicant applied for the discharge in 8/09.

    But new discharge applications were implemented at the beginning of this year. The new discharge applications do not contain either the question regarding when the disabling condition began, or the question regarding when the disabling condition rendered the applicant totally unable to work.

    Can anyone find out/does anyone know if the absence of the questions reflects a change in policy? I.e., are disability discharges no longer retroactive? Or does it simply reflect a change in the application form? Obviously, the difference is critically important to someone applying for a disability discharge for a disability they've had for some time.

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Retroactive Student Loan Disability Discharge

    Can you point us to the forms? Thanks.

  3. #3
    Join Date
    Jul 2009
    Posts
    249

    Default Re: Retroactive Student Loan Disability Discharge

    Quote Quoting Mr. Knowitall
    View Post
    Can you point us to the forms? Thanks.
    Here is the old form. Pardon me, it expired 05/08, not 12/08.

    http://www.ecsi.net/bwr/forms/ac2s/2s-dis.pdf

    Here is the new form.

    http://www.ecsi.net/bwr/forms/dis_discharge.pdf

    Quote Quoting Baz744
    View Post
    Here is the old form. Pardon me, it expired 05/08, not 12/08.

    http://www.ecsi.net/bwr/forms/ac2s/2s-dis.pdf

    Here is the new form.

    http://www.ecsi.net/bwr/forms/dis_discharge.pdf
    I do believe I've found the answer. It is a change in policy.

    http://frwebgate1.access.gpo.gov/cgi...ction=retrieve

    Thank you.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 3
    Last Post: 06-19-2011, 05:55 PM
  2. Cosigners: How Can a Cosigner Avoid Liability After Student Loan Discharge in Bankruptcy
    By otherside in forum Debts and Collections
    Replies: 1
    Last Post: 03-18-2011, 07:42 AM
  3. Chapter 7: Can you Discharge a Private Student Loan in Bankruptcy
    By Sonatina in forum Bankruptcy Law
    Replies: 4
    Last Post: 08-03-2010, 04:33 PM
  4. Chapter 7: Can You Discharge a Teri Private Student Loan in Bankruptcy
    By legaladvice101 in forum Bankruptcy Law
    Replies: 1
    Last Post: 06-14-2009, 11:15 PM
  5. Student Loans: Student Loan-State Disability-California
    By amypolnoff in forum Debts and Collections
    Replies: 3
    Last Post: 11-22-2007, 08:43 PM
 
 
Sponsored Links

Legal Help, Information and Resources