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Could the department of education pursue my personal injury…

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Could the department of education...
Could the department of education pursue my personal injury settlement if I apply for a total and permanent disability discharge? or can they only come after me before they grant a discharge which according to sources takes about a month.
Submitted: 10 months ago.Category: Education Law
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Answered in 6 minutes by:
9/27/2017
Education lawyer: Dwayne B., Attorney replied 10 months ago
Dwayne B.
Dwayne B., Attorney
Category: Education Law
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Education lawyer: Dwayne B., Attorney replied 10 months ago

They can pursue it but I have never seen them do it if you receive a total and permanent disability. After a number of years, I think it is 5, the disability becomes final as far as they are concerned and the debt is discharged. Until the 5 years has passed they are "stayed" from trying to collect but the debt still exists in case you become no longer disabled.

The important thing is to apply for the discharge ASAP since as soon as it is granted then the collection stops.

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Customer reply replied 10 months ago
It's actually a 3 year monitoring period, but once approved you received a letter of discharge and it's reported as discharged unless it's reinstated within the 3 year monitoring period. It takes the about a month to approve or deny your application.
Education lawyer: Dwayne B., Attorney replied 10 months ago

No, the disability must extend for sixty months and to apply it must be "expected" to continue for 60 months. The amount of delay depends on which processing center is handling your request.

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Education lawyer: Dwayne B., Attorney replied 10 months ago

Here is the Federal Student Loan website that addresses this

https://www.disabilitydischarge.com/faqs

It's in the middle of the page under #3.

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Customer reply replied 10 months ago
The doctor certifies that the disability will continue for at least 60 months. The 3 year monitoring period is separate from the 60 month disability requirement.
Education lawyer: Dwayne B., Attorney replied 10 months ago

They monitor for more than 3 years though, although we could be saying the same thing in different terms. They reexamine at the 60 month mark and if you go to work in the meantime or are no longer disabled you are under an affirmative duty to tell them.

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Customer reply replied 10 months ago
May please get some help?
Education lawyer: Dwayne B., Attorney replied 10 months ago

I'm sorry, I was locked out from responding to you. Either you hit the button that opts me out or the website glitched but the lockout was just removed.

What can I assist with?

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Customer reply replied 10 months ago
I would like a second opinion. Thank you for your assistance.
Education lawyer: Dwayne B., Attorney replied 10 months ago

There is a button somewhere on your screen, I believe, that allows you to ask for a second opinion.

Also, I was typing a response when I got locked out, let me go ahead and finish that.

There is a 3 year monitoring period but it doesn't start until after the discharge is fully granted. It is called, rightfully so, a three year post discharge monitoring period. There are certain requirements that must be met that are set out at https://www.disabilitydischarge.com/MonitoringPeriod

The issue is then when does the discharge become complete. The area covered by the Falls River VA servicing center and the circuits court under them have stated it is the full 5 year period.

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Education lawyer: Dwayne B., Attorney replied 10 months ago

The website doesn't allow for a second opinion to be asked on the same question thread.

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Education lawyer: Dwayne B., Attorney replied 10 months ago

However, I will ask another expert to take a look at the Q and A and then indicate whether they agree or disagree by using that function.

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Customer reply replied 10 months ago
Can you open the question to other experts?
Customer reply replied 10 months ago
I agree
Education lawyer: Dwayne B., Attorney replied 10 months ago

I see the other expert has issued an agree on this now which is your second opinion. You should have gotten a notice of that.

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