Q: Is it possible to work and still be eligible for a disability discharge?
A: Even though the government may say otherwise, the answer should be yes. You are allowed to earn less than 100% of the poverty line for a family of two during the three year “watch period” after a final discharge is granted. This allows you to explore whether you can get back in the workforce. However, you will not be eligible if you were working at the time you applied for the discharge.
Q. Can I qualify if I have a disability that prevents me from working in the occupation for which I was trained?
A: Not if you are able to work in a different occupation. To be eligible, your disability must make you unable to engage in any type of substantial gainful activity.
Q: Is evidence of a Social Security or Veterans Affairs disability decision sufficient to qualify for a student loan discharge?
A: For V.A., yes, if you have been determined to be unemployable due to a service-connected condition. For Social Security, in some cases, yes as of July 1, 2013. If you are receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, you can submit a Social Security Administration (SSA) notice of award for SSDI or SSI benefits stating that your next scheduled disability review will be within 5 to 7 years from the date of your most recent SSA disability determination as a way of proving eligibility for a disability discharge. You may do this instead of submitting a certification from your doctor.
Q: Does it matter when my disability began?
A: No. Prior to July 2008, doctors signing disability discharge forms had to certify when the disability began. The rules were changed so that doctors must sign that you are disabled as of the date that they sign the form.
Q: Can I apply again if I was denied the first time?
A: Yes. This is more likely to be successful if there was a minor problem the first time around such as the doctor’s failure to fill in his license number. But you can also reapply if you have been able to gather stronger evidence of your disability. If the denial is based on a technical problem, you should also ask if you can correct the problem without having to reapply.
Q: How do I know the reason for the denial?
A: The best way is if the notice explains the reasons. The Department says that it is now using notices that list the reasons for denials.
If you cannot resolve the problem informally, you may appeal the denial to federal court under the judicial review provision of the Administrative Procedures Act.
Q: How can I prove I’m not working during the three year “watch” period if I am not required to file taxes?
A: The easiest way to prove that you do not have earnings above the allowable limit is to provide a copy of your annual tax return. The Department allows you to submit a number of different types of documents to prove that you do not have earnings above the limit, including:
1. Filed income tax return, with all attachments,
2. Pay stubs showing year-to-date income,
3. W2, or
4. Social Security Statement. (Visit www.ssa.gov/mystatement. You must set up an account to see, download, save and print your full statement of earnings.)
If you are not required to file taxes, the Department of Education says that it will accept a signed, written statement that you are not working and/or that you do not have earnings above the allowable limit. As of July 1, 2013, the Department has a new form that it will send you to gather information during the reinstatement period.
Q: What happens if I get a final discharge and later want to take out a new federal loan?
A: You will have to get a doctor to certify that you are able to work. You will also have to sign a statement that the new loan cannot be discharged in the future based on any current impairment unless that impairment substantially deteriorates. The Department claims that this will also be required if your loan is reinstated.
Q: Who can I contact at the Department for more information?
A: For questions about applying for a total and permanent disability (TPD) discharge or to check on the status of an existing request, you should contact the Nelnet Total and Permanent Disability Servicer:
TDD/TTY: A borrower who is hearing-impaired may Web chat with a representative by clicking on ”Chat Now” at the top of this page.
Special Assistance Team: A borrower who has special needs and requires assistance navigating the TPD discharge process simply needs to request assistance when he or she contacts the Nelnet Total and Permanent Disability Servicer.
Web site: www.disabilitydischarge.com
Office Hours: 8:00 a.m. – 8:00 p.m. (ET), seven days a week
U.S. Department of Education
P.O. Box 87130
Lincoln, NE 68501
For overnight delivery:
U.S. Department of Education
121 South 13th Street, Suite 201
Lincoln, NE 68508