[blindlaw] SSI payments

T. Joseph Carter carter.tjoseph at gmail.com
Fri Feb 27 04:06:42 UTC 2009


James,

That's certainly a legal approach that you could validly take--and I 
do not think the provisions that allow it should be repealed because 
they serve a valid and legitimate purpose for those who genuinely 
become disabled and are consequently unable to repay their student 
loans.

That said--and I do not know the circumstances affecting your 
client--I think it is not a moral thing for someone who was blind 
when they began college to attempt to use blindness in this way under 
almost any circumstances I can imagine.  I cannot imagine that I ever 
would take that road myself.

Joseph


On Thu, Feb 26, 2009 at 10:25:10AM -0800, James Weisberg wrote:
>Missed the earlier thread on this but:
>
>Had a situation in 98 where I managed to have "cancelled" 70+K of student
>loans.  Vehicle for this was federal code but I cannot remember which one.
>I remember researching "student loans" and went right to it though.
>Anyways, the individual was blind and was so when he signed his student
>loans.  However, the federal code stated if such an individual's disability
>increases (may have used the word "substantially") after signing the
>promissory note(s) AND they are unable to find "substantial gainful
>employment," a mere doctor's signature on a form and some threats at suit
>get your loans "cancelled."  The cancelled part is important because it
>doesn't reference on your credit the loans were not paid back but rather
>only cancelled and a zero balance.  Don't see why your situation might not
>work with a kind physician's help.  Good luck.
>
>James
>
>Law Office of J. William Weisberg
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>-----Original Message-----
>From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
>Behalf Of Mark BurningHawk
>Sent: Thursday, February 26, 2009 9:43 AM
>To: NFBnet Blind Law Mailing List
>Subject: Re: [blindlaw] SSI payments
>
>In my case, I had an education from Dartmouth before realizing that I  
>would have quite a large outstanding debt from Stafford loans.  I  
>didn't really understood what that meant until I hit the real world  
>and started paying bills.  It was at about this time that I confirmed  
>my own theory about the uselessness of my education and the rampancy  
>of unemployment, especially for a young blind guy with too much talent  
>and not nearly enough tact.  If I, at age 19 or 20, before graduating,  
>had realized the ramifications, I wouldn't have signed the paper  
>stating that I'd pay them back.  However, for whatever reason, I  
>didn't realize it, and now I am poorer than ever and have about the  
>same amount of debt as I did 18 years ago upon graduation.  I'm not  
>interested in a debate about why this is or whose responsibility for  
>which thing is whose; I just asked a question which could very  
>immediately impact me, if ever the William D. Ford loan people decide  
>to get nasty ... nastier...
>
>
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