Total And Permanent Disability Discharge

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TOTAL AND PERMANENTDISABILITY DISCHARGESelf-Help Packet

GETTING STARTED

GETTING STARTEDYou can cancel your federal student loans based on a permanent and total disability. Allfederal loan borrowers are eligible for this discharge. Parents with PLUS loans mayapply based on their own disabilities, not those of their children.In order to qualify, you must be unable to work and earn money because of an illness orinjury that is expected to result in death, expected to last for a continuous period of notless than 60 months (5 years) or has lasted for a continuous period of not less than 60months.In addition, veterans who have been determined by the Secretary of Veterans Affairs tobe unemployable due a service-connected condition should qualify for this dischargewithout having to provide additional documentation from a doctor.

FORMS YOU NEED TO FILL OUT

FORMS YOU NEED TO FILL OUTDischarge ApplicationYou must fill out the attached application form even if you are a veteran and qualify for adischarge without having to provide a doctor’s certification. This is a new form as of July 1,2013 (sample attached).Section 1 requires you to fill in identification information. Be sure and read section 3 carefullyand then sign and date at the bottom. You should also carefully read the other sections to findout more about this discharge program.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 ofVeterans Affairs (VA) showing that the VA has determined that you are unemployabledue to a service-connected disability;2. If you are receiving Social Security Disability Insurance (SSDI) or SupplementalSecurity Income (SSI) benefits, you can submit a Social Security Administration (SSA)notice of award for SSDI or SSI benefits stating that your next scheduled disabilityreview will be within 5 to 7 years from the date of your most recent SSA disabilitydetermination; or3. You can submit certification from a physician that you are totally and permanentlydisabled. You must do this within 90 days of the date of the doctor’s signature on theform.If you are using method #3, there are instructions on the form that will explain this process toyour doctor. In addition, you may want to give your doctor the attached information sheet.The doctor must sign the form at the bottom of section 4. It is very important that the doctorinclude the date of signature, print his/her name, and provide a professional license number. Alot of applications are rejected only because some of this information is missing.If you want to designate an individual or organization to represent you in matters related tothe discharge request, you must complete the Applicant Representative Designation form(sample attached).You should let Nelnet, the Department of Education’s contractor, know that you want toapply. You can do this by phone or email. You can call seven days a week at 888.303.7818from 8:00 a.m. to 8:00 p.m. (Eastern) or email at DisabilityInformation@Nelnet.net. Youcan also let Nelnet know you are applying by using the online discharge application.Once you let Nelnet know you are applying, they are supposed to do the following:1. Provide you with the information you need to apply for a discharge if you do not alreadyhave it.

2. Identify your federal student loans and/or TEACH Grant service obligation that mayqualify for a discharge.3. Contact your loan holders and instruct them to suspend collection activity on yourloans for a period of up to 120 days. This means that during the 120-day period youwill not be required to make payments on your loans.The suspension of collection activity will give you time to complete the dischargeapplication. Collection will start again if you do not send an application within the 120 dayperiod.

DISCHARGE APPLICATION

OMB No. 1845- ‐0065Fo rm Ap pro vedExp. Date 6/30/2016DISCHARGE APPLICATION: TOTAL AND PERMANENT DISABILITYIMPORTANT INFORMATIONTPD- ‐APP William D. Ford Federal Direct Loan ProgramFederal FamilyEducation Loan ProgramFederal Perkins Loan ProgramTEACH Grant ProgramREAD THIS FIRST This is an application for a total and permanent disability discharge of your William D. Ford Federal Direct Loan (Direct Loan) Program, FederalFamily Education Loan (FFEL) Program, and/or Federal Perkins Loan (Perkins Loan) Program loan(s), and/or your Teacher EducationAssistance forCollege andHigher Education(TEACH) Grant Program service obligation. You only needtosubmit a single application to theU.S. Department of Education to apply fordischarge ofall ofyourDirectLoan, FFEL, and/orPerkins Loan program loans and your TEACH Grant serviceobligations. Throughout this application, thewords “we,”“us,”an “our” referto theU.S. Department of Education. To qualify for this discharge, you must meet one of the following requirements:1.You are a veteran who has been determined by theU.S. Department of Veterans Affairs (VA) to beunemployable due toa service- ‐connecteddisability, and you provide documentation from the VA of that determination;OR2.You have received a Social Security Administration (SSA) notice of award for Social Security Disability Insurance (SSDI) or SupplementalSecurity Income (SSI) stating that yournext scheduled disabilityreview will be 5 to 7 years or more from the date of your last SSAdisability determination, and you provide a copy of that SSA notice ofaward.OR3.You provide a certification from a physician in Section 4 of this Discharge Application thatyou areunable toengagein anysubstantial gainfulactivity (seedefinition in Section 5) by reason of a medically determinablephysical or mental impairment that:oCan beexpected to result in death;oHas lasted for a continuous period of not less than 60 months; oroCan beexpected to last for a continuous period of not less than 60 months. If you do not meet requirement #1 or requirement #2, you may qualify for discharge by obtaining a certification from a physician in Section 4 ofthis application, as described abovefor requirement #3. If you can provide the documentation to show that you meet requirement #1 or #2above, you arenot required to have a physician complete Section 4. If you are a veteran applying for discharge under requirement#1, you must provide documentationfrom the V showing that the VA hasdeterminedthat youare unemployable due toa service- ‐connected disability. Youdo not meet this requirement if your disability is not service- ‐connected. The following two types of VAdeterminations meet this requirement:(1) a determination that you have a service- ‐connected disability(ordisabilities) thatis 100% disabling; or (2) a determination that you aretotally disabled based on an individual unemployability determination. If you are applying for discharge under requirement #2, the SSA notice of award that you provide must show that your next scheduleddisabilityreview willbe to7 years or more from the date of your last SSA disability determination. You do not meet this requirement if the notice ofaward states that your next scheduled disability review will bewithin less than 5 years. If the notice of award does not clearly state the date ofyour next scheduled review, contact theSSA officethat issued theaward and request a Benefits PlanningQuery (BPQY). The BPQY provides asummaryof your SSA disabilitybenefits, includingthe scheduled date for your next disabilityreview. If your BPQY showsthat your next scheduledreview willbe 5 to 7 years ormore from the date ofyourlastSSA disability determination, you may submita copy ofyourBPQYtoshow that youmeet requirement #2. If you are granted a discharge based on requirement #2 or requirement #3, we will monitor your status during a 3- ‐year post- ‐discharge monitoringperiod. Your discharged loans or TEACH Grant service obligationmay be reinstatedif youdo not meet certainrequirements during this period, asexplained in Section 6 of this form. Except for VAor SSA determinations as described above (requirements #1 and #2), a disability determination by another federal or state agencydoes not qualify youfor this discharge. Loan amounts discharged dueto total and permanent disability may beconsidered taxable income by the Internal Revenue Service (IRS).Contactthe IRS formore information. If you wish to designate an individualor organization to represent you in matters related to your total and permanentdisability discharge request,you must completetheTotal and Permanent Disability: Applicant RepresentativeDesignation form. You may obtain this form from our Total andPermanent Disability DischargeServicer (seebelow for contact information). Before submitting your application, makesurethat Section 3 and (if required) Section 4 includeall requested information. Incompleteorinaccurate information may cause yourapplication to be delayed orrejected.WHERE TO SEND YOUR COMPLETED DISCHARGEAPPLICATIONSend your completed application with anyrequired documentation (see the instructions in Section 2 on page 2) to the following address:U.S. Department of EducationTPD ServicingPO Box 87130Lincoln, NE 68501- ‐7130If you need help completing this form, contact our Total and Permanent Disability Discharge Servicer:Phone: 1- ‐888- ‐303- ‐7818E- ‐Mail: disabilityinformation@nelnet.netWeb site: www.disabilitydischarge.comPage1of7

OMB No. 1845- ‐0065Fo rm Ap pro vedExp. Date 6/30/2016DISCHARGE APPLICATION: TOTAL AND PERMANENT DISABILITYWilliam D. Ford Federal Direct Loan,Federal FamilyEducationLoan,Federal Perkins Loan,and TEACH Grant ProgramsWARNING: Any personwhoknowingly makes a false statement or misrepresentationon this form or o any accompanyingdocuments will be subject topenalties that may include fines, imprisonment, or both, under the U.S. CriminalCode and20 U.S.C. 1097.SECTION 1: APPLICANTIDENTIFICATIONPleaseenter or correct thefollowinginformation.Check this box if any of your information has changed.SSN- ‐- ‐DOB- ‐- ‐NameAddressCity, State, ZipCodeTelephone ()E- ‐mail Address (Optional)SECTION 2: INSTRUCTIONSFOR COMPLETING AND SUBMITTING THISAPPLICATION Carefully readthe entire application, including page 1, the instructions in this section, and the additional information on the following pages. Type or print in dark ink. Sign and date the application in Section 3. If you are required to have physician complete Section 4, enter your name andSocial Security Number at the top of page 2 (if not preprinted). Send the completed application withanyrequired documentation to:U.S. Department of Education, TPD Servicing, PO Box 87130,Lincoln, NE 68501- ‐71301. Are youa veteranwhohas receiveda determinationfrom the U.S. Department of Veterans Affairs (VA) thatyou are unemployable due toa service- ‐connecteddisability?Yes – Attach documentation ofthe VA determination and completeSection 3.You are not requiredtohave a physiciancomplete Section4.No – Continue toItem 2.2. Have you received an SSA notice of award for SSDI or SSI benefits or an SSA Benefits Planning Query (BPQY) statingthat yournext scheduled disabilityreview will be 5 to 7 years or more from the date of your last SSA disability determination?Yes – Attach a copy ofthe SSA notice ofaward or BPQY and completeSection 3.You are not requiredtohave a physician complete Section 4.No – Complete Section3 andhave a physicianwhois a doctor of medicine or osteopathy complete and signSection4. You must submit thisapplicationtous within 90 days of the date of your physician’s signature inSection4.SECTION 3: APPLICANT’SDISCHARGEREQUEST, AUTHORIZATION, UNDERSTANDINGS, AND CERTIFICATIONSI request thatthe U.S. Department of Education discharge my Direct Loan, FFEL, and/or Perkins Loan, program loan(s), and/or my TEACH Grant serviceobligation.I authorize any physician, hospital, or other institution havingrecords about thedisability that is thebasis for my request for a discharge tomakeinformation from those records available to the U.S. Department of Education.I understand that:(1)If I am applying for discharge based on a physician’s certification in Section 4, I must submit this application to the U.S. Department of Educationwithin90 days of thedateof my physician’s signaturein Section 4.(2)Unless I am a veteran who provides thedocumentation described abovein Section 2, Item 1, I may be required to repay a discharged loan or satisfy adischargedTEACH Grant service obligationif I fail tomeet certainrequirements during a post- ‐discharge monitoring period, as explained in Section 6.(3)If I am a veteran who does not meet the requirement describedabove inSection2, Item 1, andI have obtained a certification from a physician inSection 4, the certification by the physicianon this form is only for the purposes of establishing my eligibility toreceive a discharge of a Direct LoanProgram loan, a FFEL Program Loan, a Perkins Loan Program loan, and/or a TEACH Grant serviceobligation, and is not for purposes of determining myeligibilityfor, or theextent of myeligibilityfor, VA benefits.(4)If I wish to designate an individual or organization to represent me in matters related to my total and permanent disability dischargerequest, I mustcomplete and submit the Total and Permanent Disability Discharge: Applicant RepresentativeDesignation form.I certify that: (1) I have a totaland permanent disability, as defined in Section 5;and (2) I have read and understand the information on the dischargeprocess, the terms andconditions for discharge, andthe eligibility requirements toreceive future loans or TEACH Grants as explained in Sections 6 and 7.Signature of Applicant orApplicant’s Representative (see NOTE below)DatePrinted Nameof Representative(if applicable)NOTE: You may designate anindividual or organizationtorepresent youinmatters relatedtoyour total andpermanent disability discharge request.Ifyouwish to designate a representative,you must complete the Total and Permanent Disability:Applicant Representative Designation form. You may obtain thisform from our Total and Permanent Disability Discharge Servicer.See the “Read This First” section ofthis form forcontact information.Page2of7

Applicant Name:Applicant SSN:- ‐- ‐SECTION 4: PHYSICIAN’SCERTIFICATIONInformation and Instructions for Physician: The applicant identified above is applying for discharge of federal student loan and/or a teaching service obligation fora federal granton the basis thatheor she has a total andpermanent disability, as definedinSection5 of this form. Toqualify for a discharge, the applicant must be unable toengagein anysubstantial gainful activity(asdefined below andin Section 5) by reason of a medically determinable physicalormentalimpairment that (1) can be expectedto resultin death; or (2) has lastedfor a continuous periodof not less than60 months; or (3) can be expected to last for a continuousperiod of not lessthan60 months. This disability standard may be different from standards used under other programs in connection with occupational disability,or eligibility forsocial service or veterans benefits. A determination that theapplicant is disabled byanother federal agency(for example, theSocial SecurityAdministration)or a state agency does not automatically establish theapplicant’s eligibilityfor this loan discharge. Complete this form only ifyou are a doctorofmedicine orosteopathy legally authorized to practice in a state, as defined in Section 5, andonly if theapplicant’s condition meets thedefinition of total and permanent disability in Section 5. Print legibly in dark ink or type.All fields mustbe completed.If a field is not applicable,enter “N/A.” Your signature date must include month, day, andyear(mm- ‐dd- ‐yyyy). Provideall requested information for Items 1, 2, and 3 below, and attach additional pages if necessary. Complete the physician’s certificationat the bottom ofthis page.The applicant’s loan discharge application cannot be processed if the information requested in this section is missing or if your signature is missing. If you make any changes to the information you provide in this section, you must initialeach change. Pleasereturn thecompleted form to theapplicant or theapplicant’s representative. The U.S. Department of Education may contact you for additionalinformationor documentation.1. Medically Determinable Physical or Mental Impairment. Does the applicant have a medically determinable physical or mental impairment that(a) preventsthe applicantfrom engaging in any substantial gainful activity, in any field ofwork,and (b) can be expected to result in death, or has lastedfor a continuousperiodof not less than60 months, or can be expected to last for a continuousperiod of not less than 60 months?YesNoSubstantial gainful activitymeans a level of work performed for pay or profit that involves doing significant physical or mental activities, or a combination ofboth. If the applicant is able to engage in any substantialgainfulactivity, in any field of work, you must answer “No.” The determinationof whether or not theapplicant canperform substantial gainful activity is not basedon whether the applicant canperform his or her current or past jobor profession.IF THE ANSWER TO QUESTION 1 IS NO,DO NOT COMPLETETHIS APPLICATION.2. DisablingCondition. Complete Items (a) and (b) regarding the applicant’s disabling impairment.Do not use abbreviations or insurance codes.(a)Provideyour diagnosis of the applicant’s impairment:(b)Describe the severity of the disabling physical or mental impairment, including, if applicable, thephaseof thedisablingcondition:3. Limitations. Explain how the disabling condition prevents the applicant from engaging in substantial gainful activity in any field ofwork by responding to Items(a) through (e) below, as relevant tothe applicant’s condition. Attachadditional pages if more space is needed.In addition to what is required below, you may include any additionalinformation that you believe would be helpfulin understanding the applicant’scondition, such as medications used to treat the condition, surgicaland non- ‐surgical treatmentsfor the condition, etc.(a) Limitations on sitting, standing, walking, or lifting:(b) Limitations on activities of daily living:(c)Residual functionality:(d) Social/behavioral limitations, if any:(e) Current Global Assessment FunctionScore (for psychiatric conditions):Physician’s Certification I certify that, in my bestprofessional judgment, the applicantidentified above is unable to engage in any substantial gainful activityin any field ofwork byreason ofa medically determinable physicalormentalimpairmentthat(1) can be expected to result in death;or (2) has lastedfor a continuous periodof notless than 60 months; or (3) can be expected to last for a continuousperiod of not lessthan 60 months. I understand thatan applicantwho is currently able to engage in any substantial gainful activityin any field ofwork does nothave a total and permanentdisability as definedon this form.I am a doctor of (check one)medicineosteopathy/osteopathic medicine.I am legally authorized to practice in the state identified below andI have providedmy professional license number below.State Where Legally Authorized to PracticeProfessional LicenseNumber(stamp isacceptable; subject to verification through state records)Physician’s Signature(a signaturestamp is not acceptable)Date (mm- ‐dd- ‐yyyy)Address (stamp is acceptable)()TelephonePrinted Nameof Physician (first name, middle initial, last name)City, State, ZipCode()FaxE- ‐mail Address (Optional)Page3of7

SECTION 5: DEFINITIONS! If you have a total and permanent disability, this means that:(1)You are unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment that can beexpectedto resultin death, or thathas lasted fora continuous period ofnotless than 60 months, orthatcan be expectedtolast for a continuous periodof notless than 60 months;OR(2) You are vetera

Federal Perkins Loan Program TEACH Grant Program. READ THIS FIRST This is an application for a total and permanent disability dischargeof your William D. Ford Federal Direct Loan (Direct Loan) Program, Federal Family Education Loan (FFEL) Program, and/or Federal Perkins Loan (Perkin

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