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Taylor
Taylor, Attorney
Category: Education Law
Satisfied Customers: 218
Experience:  Attorney
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I was declared disabled by Social Security in 2002, could

Customer Question

I was declared disabled by Social Security in 2002, could only work part time after 2004. I had not been able to pay student loans prior because I was a single mother of three and my income was under $46,000 a year. I was able to get forbearance until a few years ago when they started dunning me. I was told that my declaration of disability was not valid from social security...I went to another doctor again in 2014 because they told me I had to. That doctor, according to the student loan people, checked that I was possibly going to return to work (?) because I work 4 hours once a week, walk with a cane and walker, wear a TENS unit, and can only walk about 100 yards without considerable pain and I was 68 years old at the time. Now the student loan people are dunning me for $4,000 in payments that I refuse to send them. It's my understanding what they are doing is illegal, that once I have been declared disabled by social security that they can't question it. What should I do? Hire a lawyer?
Submitted: 5 months ago.
Category: Education Law
Expert:  Taylor replied 5 months ago.

Hi, my name is ***** ***** i would be happy to help you with your question. I would like to welcome you and thank you for using JA!

Expert:  Taylor replied 5 months ago.

Is your question whether or not your social security disability precludes you from paying back your student loans?

Expert:  Taylor replied 5 months ago.

The federal government can garnish your benefits for repayment of several types of debts, including federal income taxes, federal student loans, child support and alimony, nontax debt owed to other federal agencies, defaulted federal home loans and certain civil penalties. Supplemental Security Income cannot be garnished under any circumstance.

Expert:  Taylor replied 5 months ago.

If you owe money on a student loan, it doesn't matter how long ago you were in school. A 2005 U.S. Supreme Court case (Lockhart v. U.S.) determined there is no statute of limitations on Social Security offsets to repay student loans. The government can shave off up to 15 percent, provided your remaining monthly benefit doesn't drop lower than $750.

Expert:  Taylor replied 5 months ago.

Does that adequately answer your questions? If not, i would be happy to answer any remaining questions you have!

Customer: replied 5 months ago.
No, this is about disability. School loans when declared disabled by social security should be discharged. School loan people won't discharge.
Expert:  Taylor replied 5 months ago.

Student loans are not automatically discharged due to social security benefits being awarded.

Expert:  Taylor replied 5 months ago.

are the loans federal loans?

Customer: replied 5 months ago.
Really, recently it was stated to me that once I am declared disabled that the student loan people cannot tell you that you are not disabled and force you to get more exams,
Customer: replied 5 months ago.
I understand that discharge needs to be applied for by those on disability have done it 3 times. I think I need legal help
Expert:  Taylor replied 5 months ago.

In order to get your student loans discharged because of your SSD, you must show that you are totally or permanently disabled.

Customer: replied 5 months ago.
they are federal loans
Expert:  Taylor replied 5 months ago.

ok. So, you are able to get this loans forgiven if you can prove you are totally or permanently disabled.

Customer: replied 5 months ago.
I was declared disabled in 2002 by social security
Customer: replied 5 months ago.
Received disability until I received disabled widows benefits
Customer: replied 5 months ago.
now receiving social security, I'm 69 years old
Expert:  Taylor replied 5 months ago.

Ok, then there are 3 ways to show the government you are permanently disabled and thus should have your loans forgiven. I will outline them below.

Expert:  Taylor replied 5 months ago.

Regardless of how you obtain a TPD discharge application, the information that you provide when you apply will assist the Department in determining if you qualify for discharge of your federal student loans and/or TEACH Grant service obligation on the basis of your total and permanent disability. You can show that you are totally and permanently disabled in one of the following three ways:

1 – If you are a veteran, you can submit documentation from the U.S. Department of Veterans Affairs (VA) showing that the VA has determined that you are unemployable due to a service-connected disability;

2 – 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; or

3 – You can submit certification from a physician that you are totally and permanently disabled. Your physician must certify that you are unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment that:

  • Can be expected to result in death;
  • Has lasted for a continuous period of not less than 60 months; or
  • Can be expected to last for a continuous period of not less than 60 months.
Expert:  Taylor replied 5 months ago.

did you have a social security attorney help you with your application or the application to receive disabled widow benefits?

Customer: replied 5 months ago.
the problem is that I've done this 3 times already
Expert:  Taylor replied 5 months ago.

I would suggest calling a local social security attorney and giving him your situation and seeing if he would possibly be able to help you further. WHat has the SS office told you when you let them know you were disabled?

Customer: replied 5 months ago.
They tell me I have to certified disabled again
Customer: replied 5 months ago.
they told me, and you'll laugh at this one, that the dr. said I was expected to return to work. I'm 69 years old, can barely walk.
Customer: replied 5 months ago.
Well, I am answering my own question here. I have printed out total and percent disability discharge and the student aid bill of rights, I will contact that office, and I will go to my primary and ask her to fill it out again and I will quit by "job" as consultant for other social workers for 4 hours
Expert:  Taylor replied 5 months ago.

I do not think your student loan can make you go see a doctor, that sounds very unusual to me. I've actually never heard of that in all my years of doing SSD work.

Expert:  Taylor replied 5 months ago.

I think seeing a doctor who says you are disabled and that you are not returning to work should work for what you need. Your federal loan provider can ensure you are disabled but can only do so every 5-7 years.

Expert:  Taylor replied 5 months ago.

Are there any further questions i can answer for you? If not, i would greatly appreciate a positive rating as this is the only way i am compensated by JA! If you have any further questions do not hesitate to ask!

Customer: replied 5 months ago.
Although you may not have seen, you are doubting what I'm saying. This is why the student aid bill of rights was passed because the corporations holding the loan do not want to discharge. If I make the mistake of working part time, they want that money too. They have been forcing people to dothis for years and if you want to educate on this look up the student aid bill of rights . New law passed in 2016 that precludes them from doing this.
Expert:  Taylor replied 5 months ago.

I have seen the new law that Obama has passed. I am not doubting anything you are saying, i am just trying to give you the best answer i can. I apologize for any misunderstanding.

Expert:  Taylor replied 5 months ago.

Is there anything further i can help you with today?

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