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FOIA

Disability

Under the Higher Education Act, individuals who are totally and permanently disabled ("TPD") are eligible to have their federal student loans forgiven. Many eligible borrowers have not been granted the relief they deserve.


FOIA Requests


Total and Permanent Disability - July 21, 2023

Seeking: For borrowers who have been identified as eligible for an automatic TPD discharge through the SSA Process (i.e. borrowers who have “matched” through the SSA Process since the automatic TPD regulation went into effect in 2021), documents sufficient to show:

  1. Since the automatic TPD regulation (announced in August 2021) went into effect, documents sufficient to show the total number of borrowers who have been positively identified as eligible for an automatic TPD discharge pursuant to the SSA Process.
  2. Since the automatic TPD regulation (announced in August 2021) went into effect, documents sufficient to show the total number of borrowers who have received an automatic TPD discharge pursuant to the SSA Process, and the total dollar value of their discharged federal student loan debt.
  3. Since the automatic TPD regulation (announced in August 2021) went into effect, documents sufficient to show the total number of borrowers who have been identified as eligible for an automatic TPD discharge pursuant to the SSA Process but who have not received an automatic TPD discharge, and the total dollar value of their outstanding federal student loan debt.

Documents

On December 1, 2023, the Department of Education provided a final response to this request. The responsive document is available here.


Total and Permanent Disability - September 20, 2022

Seeking: 

SSA Process 

For borrowers who have been identified as eligible for a TPD discharge through the SSA Process to date (i.e. borrowers who have “matched” through the SSA Process), documents sufficient to show:  

1)    Since the SSA Process started in 2016, the total number of borrowers who have been positively identified as eligible for a TPD discharge.

a)     Of those borrowers who have matched through the SSA process, the total number who have received a TPD discharge, and the total dollar value of their discharged federal student loan debt. 

b)    Of those borrowers who have matched through the SSA process, the total number who have not received a TPD discharge, and the total dollar value of their outstanding federal student loan debt. 

2)     The total number of SSA matches for whom the Department does not have a valid address on file. 

3)     The total number of SSA matches whose SSA match notification letters have been returned to sender. 

 

VA Process 

For borrowers who have been identified as eligible for a TPD discharge through the VA Process to date (i.e. borrowers who have “matched” through the VA Process), documents sufficient to show: 

4)    Since the VA Process started in 2018, the total number of borrowers who have been positively identified as eligible for a TPD discharge. 

a)     Of those borrowers who have matched through the VA process, the total number who have received a TPD discharge, and the total dollar value of their discharged federal student loan debt. 

b)    Of those borrowers who have matched through the VA process, the total number who have not received a TPD discharge, and the total dollar value of their outstanding federal student loan debt. 

5)    The total number of VA matches for whom the Department does not have a valid address on file. 

6)    The total number of VA matches whose VA match notification letters have been returned to sender. 

 

Application Process 

7)    Since August 1, 2016, the total number of borrowers who have received a TPD discharge through the application process, and the total dollar value of their discharged federal student loan debt.

Documents

On July 5, 2023, the Department of Education provided a final response to this request. The responsive document is available here.

 

Total and Permanent Disability Data Discrepancies - August 27, 2021

Seeking: 

1)    All documents constituting or reflecting communications between or among Department staff regarding the discrepancies between the data provided to Student Defense on May 24, 2021(see FOIA Request No. 21-01335-F, described and linked to above) and the data provided to the public on August 19, 2021, including but not limited to the discrepancy between the 517,699 eligible borrowers provided to Student Defense and the “over 323,000” borrowers who the Department announced would receive TPD relief.  

2)    All documents constituting or reflecting communications between the Department and any outside party, including NelNet, regarding the discrepancy described in Request 1. 

3)    To the extent not called for by the above requests, all documents discussing or describing the discrepancy described in Request 1. 

Documents

On September 21, 2021, the Department of Education provided an interim response to this request. The responsive document is available here.

 

Total and Permanent Disability SSA Matches - August 24, 2021

Seeking: For borrowers who have been identified as eligible for a TPD discharge through the SSA Process to date (i.e. borrowers who have “matched” through the SSA Process), documents sufficient to show: 

1)    Since the SSA Process started in 2016, the total number of borrowers who have been positively identified as eligible for a TPD discharge. 

  1. Of those borrowers who have matched through the SSA process, the total number who have received a TPD discharge, and the total dollar value of their discharged federal student loan debt. 
  2. Of those borrowers who have matched through the SSA process, the total number who have not received a TPD discharge, and the total dollar value of their outstanding federal student loan debt. 

2)    The total number of SSA matches for whom the Department does not have a valid address on file. 

3)    The total number of SSA matches whose SSA match notification letters have been returned to sender. 

Documents

On July 28, 2022, the Department of Education provided a final response to this request. The responsive document is available here.


Total and Permanent Disability SSA Matches - April 5, 2021

Seeking: On April 5, 2021, Student Defense submitted a request for documents showing (1) The total number of borrowers who have been positively identified as eligible for a TPD discharge since the SSA Process started in 2016, including (a) the total number who have received a TPD discharge, and the total dollar value of their discharged federal student loan debt and (b) the total number who have not received a TPD discharge, and the total dollar value of their outstanding federal student loan debt; (2) the total number of SSA matches for whom the Department does not have a valid address on file; and (3) the total number of SSA matches whose SSA match notification letters have been returned to sender.

On August 24, 2021, Student Defense submitted a new request for updated data. 

Documents

On May 24, 2021, the Department provided a final response to the first request. The responsive data is available here. On June 21, 2021 Student Defense sent a letter to Richard Cordray, Chief Operating Officer of Federal Student Aid, seeking answers to questions raised by this data, and renewing Student Defense’s call for automatic TPD relief and seeking an update on the status of its April 19, 2021 Section 553(e) Petition. 

On July 28, 2022, the Department provided a final response to the second request. The responsive data is available here. 

 

Total and Permanent Disability Matching Programs - November 21, 2019

Seeking: Data on the Department’s implementation of the TPD regulation for borrowers who were identified as eligible for relief pursuant to matching agreements with the VA and SSA.

Documents

On January 29, 2020, the Department provided a final response. The documents are available here.