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  • Student Loan Discharge. Anyone?

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    Old 08-21-2004, 02:05 PM   #1
    tkgoodspirit
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    Question Student Loan Discharge. Anyone?

    I unfortunately have a student loan that I am trying to have discharged. I am getting the biggest run around from my loan company. (initials SM) I am also in the process of applying for SD (second time). I had my pain doc fill out the form, then they wanted to know exactly HOW my condition (he stated my back problems as the cause) prevented me from working. So I had him type up a letter, which took about a month to get, then they didn't like the wording. It has to state that I am unable to work PERMANENTLY! Oh, and here's the best part. After my doc filled out the form, I express mailed it to them. Now they are saying that they don't have the original and I need another form filled out. I told them to just type up a letter stating what they want my doc to say, and I'll see if he'll sign it! Also, everytime I call them on the phone, I get someone who can barely speak English. Now, I have no problem with other countries, I lived overseas for 10 years. When it comes to handling things like this, I just want to speak to someone who seems to totally understand the system and what the problem is exactly. Do they call that outsourcing? It's like I'm beating my head against the wall with these people. So, now I have to ask my doc, once again, to fill out this stupid form and be sure he states that I can't work, PERMANENTLY. But my question is, have any of you had to go through this, and what was the condition you filed the application for? Here's my condition, hernieated lumbar disc at L3-4, and L4-5, annular tear at the L4-5 level as well as Foraminal stenosis in the lumbar spine, radicular pain, cervical spine spondylosis, cervical disc bulging at C6-7, bilateral Foraminal stenosis at C6-7 resulting in cervical Radiculopathy, as well as having Fibromyalgia and carpal tunnel syndrome. My doc basically stated that I couldn't work due to the pain and the effects of my meds. Any suggestions would be great.
    Wish me luck!
    tk

     
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    Old 08-21-2004, 11:52 PM   #2
    Kaylbe
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    Re: Student Loan Discharge. Anyone?

    TK,

    I think you might have been talking to one of those people you described who doesn't have a good grasp on the English language. I believe what they need is not something that says you can't work permanently, but that the conditions you suffer from are permanent (as opposed to something that will improve in a short time.) Yes, it translates into the same thing but might be a bit easier to understand. These companies aren't going to pay off a loan for a condition that will improve itself.

    I had a student loan discharged many years ago. I've had so many physical problems, I'm not sure what diagnosis was used at that time. It was most likely several orthopedic problems. I was working with voc rehab through the state and had gone to school, taking out a student loan for living expenses. My condition deteriorated and I was never able to work. Since I was "disabled" when I took out the loan, I had to show my condition had worsened and was static in order for the loan to be discharged.

    --Kaylbe

     
    Old 08-23-2004, 10:01 AM   #3
    Ammy
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    Re: Student Loan Discharge. Anyone?

    Here's a couple of links for you:

    http://www.ed.gov/offices/OSFAP/DCS/loan.cancellation.discharge.html

    (That one is for information regarding discharging loans)

    http://www.ed.gov/offices/OSFAP/DCS/forms/disable.pdf

    (That is an actual loan discharge request form.)

    (***Note: I hope the links can stay, because it's from a .gov website and when reading the posting policies they state "Information-only websites, such as .gov, always are welcome."***)

    I don't mean any disrespect to the board, just trying to help someone out with a problem.
    __________________
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    Old 10-21-2004, 12:19 AM   #4
    christina1984
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    Re: Student Loan Discharge. Anyone?

    i actually have a question.. last year i was attending school on financial aid and scholarships... i had to withdraw the first semester due to medical reason and my financial aid was dropped.. i applied for a loan and was approved.. problem is the same thing happened second semester, i started getting severe depression and anxiety again and wasnt able to attend school. the school and the bank lender never notified me saying my loan was dropped until i started getting phone calls from lawyers and collection agencies saying i owe 5000. when i applied for financial aid they knew i was on disability for depression and anxiety. i wasnt able to finish school at the time because of my disability. i was barely able to pay my loan off monthly let alone 5000 at once.. i heard of hardship cases.. what are they and who is it for?

    thanks

     
    Old 11-01-2004, 03:42 PM   #5
    MomwithMS
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    Re: Student Loan Discharge. Anyone?

    When I became unable to work, I had to file a chapter 13 bankruptcy to save my home. Anyway, my lawyer for the bankruptcy seems to think he can get my student loans discharged. Now, he said you have to bring an adversarial lawsuit in order to do it.

    Best of luck!

     
    Old 11-01-2004, 04:15 PM   #6
    tkgoodspirit
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    Re: Student Loan Discharge. Anyone?

    What the heck is an "adversarial lawsuit"? We too filed Chapter 13 this past summer but voluntarily dismissed it when we found out that we would eventually over the course of 5 years pay back nearly $100,000! We only owed about $50,000 in unsecured debt. This amount didn't include our house payment. Our credit is ruined of course, but there was no way I was going to shell out that much money when we didn't even owe that much money!

    I have a loan discharge form filled out by my doc, problem is, my student loan company seems to "never receive" the form when I send it to them. I have even overnited the form and they say they never got it. I mailed it to the address they gave me, but twice now, they say they never "received" it. My doc has filled out one LAST form for me, so that's it. If they "don't receive" this one, I'll go to court. Bad thing is, they only accept the original. I always have the copy, but they want an original. I can't understand how they keep "not receiving" my form. Hmmmmm....

    Thanks again for the reply.

    tk

     
    Old 11-02-2004, 05:39 PM   #7
    MomwithMS
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    Re: Student Loan Discharge. Anyone?

    I really don't know a lot about the adversarial lawsuit, except to say that's what my atty calls it. Student loan companies are not really good at discharging debt, so what you have to do is bring an adversarial lawsuit against the loan.

     
    Old 11-03-2004, 11:33 PM   #8
    Kaylbe
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    Re: Student Loan Discharge. Anyone?

    Quote:
    Originally Posted by christina1984
    i actually have a question.. last year i was attending school on financial aid and scholarships... i had to withdraw the first semester due to medical reason and my financial aid was dropped.. i applied for a loan and was approved.. problem is the same thing happened second semester, i started getting severe depression and anxiety again and wasnt able to attend school. the school and the bank lender never notified me saying my loan was dropped until i started getting phone calls from lawyers and collection agencies saying i owe 5000. when i applied for financial aid they knew i was on disability for depression and anxiety. i wasnt able to finish school at the time because of my disability. i was barely able to pay my loan off monthly let alone 5000 at once.. i heard of hardship cases.. what are they and who is it for?

    thanks

    Christina (and others):

    I applied for and received both grants and a student loan while attending a technical school through my state vocational rehabilitation department. I was obviously disabled from the previous work I had been doing or the state would not have been footing the bill for my education. During this time, however, my condition worsened and I was unable to complete my education. In fact, it had become evident that I wasn't ever going to be able to work again so I applied for SSDI. It took 3 years, but I was finally awarded benefits.

    But... back to my student loan. I was able to have my loan discharged. No one ever tried to hide the fact that I had various disabilities when I took out the loan. I was only required to produce evidence that showed my condition had become substantially more severe since that time. This evidence turned out to be a form my physician completed for me answering various questions regarding my "pre-loan" and current condition. I simply returned the form and received word within a few weeks that my loan would be forgiven. I didn't seem to have any of the problems that many others have faced regarding their student loans.

    I hope this information helps. If I can answer any other questions, let me know. Good luck.

    --Kaylbe

     
    Old 12-02-2004, 12:35 PM   #9
    bbybyrd
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    Re: Student Loan Discharge. Anyone?

    I'm currently in the process of waiting to hear whether they're going to discharge my student loan or not. Does anyone know how long this process takes?

     
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