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Ask Stephanie O Joy, Esq Your Own Question
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13507
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I have student loans with Navient. They said that because I

Customer Question

I have student loans with Navient. They said that because I am disabled they would write them off but that I needed a letter from SS stating that I am not scheduled to get re evaluated in the next 5 years. I have been mentally disabled and on SS for last 15 years or so.
JA: The Retirement Accountant will know how to help. Is there anything else important you think the Retirement Accountant should know?
Customer: Thank you, ***** ***** need a letter. my name is*****
Submitted: 6 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 6 months ago.

Hi, my name is***** have been practicing SS LAW full time for 10+ years and look forward to assisting you.

Expert:  Stephanie O Joy, Esq replied 6 months ago.

Hi Steven, did you get this 5 year request in writing? Or was it merely on the phone?

Customer: replied 6 months ago.
New network sent me a paper to fill out I need to get a letter from SS stating that I won't be getting ready evaluation in next5 years. Are you with the SS office? Because that's who I thought I was going to talk to. Trying to save time by asking online.
Expert:  Stephanie O Joy, Esq replied 6 months ago.

No, you are on a site that has professionals in various occupations answering questions. SSA, I do not believe, provides for such an online presence.

Expert:  Stephanie O Joy, Esq replied 6 months ago.

What "new network". Do you mean Navient?

Customer: replied 6 months ago.
Spell check changed it. Was supposed to be Nelnet.
Expert:  Stephanie O Joy, Esq replied 6 months ago.

OK, no worries. Navient happens to be my servicer. That said, it is not even required that you HAVE SSDIB or SSI, to be disabled enough to have your federal loans discharged. One of my clients JUST did so this past summer and we have not yet prevailed on her case. The paperwork of discharged resulted from her doctor filling out the appropriate form, medical records supporting, etc. Moreover, the discharge itself is conditional on later confirmation of not become more able in 3 years - so it is not yet permanent, but I have no question that it is, in reality.

So, that said, I find it troubling that nelnet thinks it can require a 5 year letter, given the above. many people on 3 year CDR schedules will never recover, but nor will they get 5 year letters, And, how about all of the disabled people who do not have any association with the SSA? Don't receive SS, etc. The SSA's choice of scheduling for CDRs can not be the sole basis in which a disabled person can present sufficient evidence for purposes of school loan discharge.

Given your 15 years of SS history, do you know WHAT your CDR schedule is?