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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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Due to major personal injury in school project I was not able

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Due to major personal injury in school project I was not able to finish the program of a graduate private school. Now I am in debt because of student loans. I am not able to work due to having severe pain. How can I get discharge from student loans?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Are you permanently disabled?

Customer: Don't know. I had hip fracture and total hip replacement in March 2010. Since then I have been dealing with severe pain. I asked my doctor if he
Customer: Would release me to get back to school. She hesitated. So I don't know.
JD 1992 :

The only way for you to be able to discharge student loans completely is if you are permanently disabled. You can't even discharge them in bankruptcy.

JD 1992 :

The lender will have an application than you can complete and will usually require medical certification.

Customer: Yes I know that, I am not able to work now because of so much pain. How does that apply y
Customer: to me?
JD 1992 :

You asked how can you get a discharge, that is how you can get student loans discharged. It is the only way. If your doctor will state that it is a permanent disability then it is possible to get them discharged. Otherwise all you can do is get a forbearance until you either recover or you know that it is permanently disabling.

Customer: K, can I dispute with school for wrongfully verifying my eligibility even though they knew about my injury?
JD 1992 :

Can you explain how that happened?

Customer: They were advising me to apply for disability ang
Customer: And go home to enjoy my children.
JD 1992 :

How did they wrongfully certify your eligibility? Did they do it when you were not in school?

Customer: No they did it while I was at school.
JD 1992 :

I don't understand how it was a wrongful certification, can you explain?

JD 1992 :

How were you not eligible?

Customer: They knew about the prognosis of my injury. This was a doctorate of physical therapy program. They kept saying I should apply for disability. I did not think my injury would make me so disabled.
JD 1992 :

How did them certifying you as eligible harm you? Did they get paid despite the fact that they knew you couldn't complete school?

Customer: Yes.
JD 1992 :

You should be able to sue them for that then. It is a form of fraud and you could seek to recover whatever damages they cost you. It could also be a breach of contract although that's not quite as clear.

Customer: What is your speculation and what is the statute of limitation. I had my writ of mandate on April 3 rd 2013.
JD 1992 :

What state?

Customer: California
JD 1992 :

In Ca the statute of limitations on breach of contract is 4 years on fraud it is 3 years.

Customer: So I was dismissed on Aug 2011. When would b the date ?
JD 1992 :

either 2014 or 2015 and the month and date they committed the act. I don't think you'd look at when you were dismissed for it though, if you are looking at them falsely certifying you then it would be either 3 or 4 years from the date they did that.

JD 1992 :

Anything else I can assist with before I exit and help others?

Customer: K, thank you so much
JD 1992 :

Best wishes to you and I hope everything works out well.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.


However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

Customer: Should I consult a lawyer in California? I live in Texas.
JD 1992 :

You would want to use a lawyer wherever you were going to school. That's where you would have to sue them.

Customer: K thank you.
Dwayne B. and 7 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Like to close the session.
Will do.

Thank you for the Positive Rating. If I can be of any further assistance to you in the future please feel free to come back and ask for me. You can do that by starting your question with "FOR JD 1992"and I'll pick up as soon as I see it. I am online for at least a few minutes almost every day.
Customer: replied 3 years ago.

*******JD 1992 : I can be available tomorrow evening at 8:00 PM CST if that is agreeable with you.*******




I can not make it. Could you please make it at 12 noon or 1:00 pm?

I should be online from 12 to 1 CST. You will probably have to ask another question since we asked for this one to be closed.