My wife was contacted a couple weeks ago by a 3rd party collection agency regarding her student loans. So we called the Department of Education and are in the process of trying to have the loans forgiven/discharged because my wife is considered disabled since she has MS.
I did ask on here before about this topic, but what was said doesn't seem to match what I have found out through research. I am still confused about this whole substantial gainful activity thing.
I was told on here that substantial gainful activity only applies to receiving disability, but when doing my research, it is language found in qualifying for having a loan forgiven/discharged. The definition of it is significant physical or mental activity.
My wife works at Olive Garden at what I consider less than part time. Most weeks she works at most 8-10 hours per week. Some weeks she gets close to 15 hours. She is a hostess.
From what I can see, she isn't doing anything that would be considered substantial gainful activity, nor is she doing anything that is considered significant physical or mental activity. She generally opens the doors for guests.
I have also read where her wages can not be garnished if she doesn't make over a certain amount. Something like 30x the Minimum Wage which here in Florida would be $230.00/wk. Most months she's lucky to make that in a month. Her AGI last year was less than $3500. I do know that her disability check can be garnished since she does receive over $750.
So as I said, I am confused with all this information that I have found through research, and what I was told on here. They don't seem to match. Even the third party collection agency which I argued with was saying the same thing that they said here, but I am not one to believe most of the stuff that comes from a collection agency, especially when I asked him if he's willing to break the law to collect this debt and he said yes.
So based on what I have said here, will she be able to obtain loan forgiveness/discharge?
We cannot afford a lawyer to explain all this to us. I am currently out-of-work and there is no way that we could even put money down for a retainer for the lawyer. We just do not have the money and are just getting by while I look for work.What does substantial gainful activity mean in regards to having a student loan forgiven/discharged?
Instead of searching the internet or asking on YA, you need to contact the lender directly.
"Your loan may be discharged if you are determined to be totally and permanently disabled and you meet certain requirements during a 3-year conditional discharge period. To apply for this discharge, you must provide a physician's statement that you became totally and permanently disabled after the loan was made. See your copy of the Borrower's Rights and Responsibilities Statement for more information on the procedures and conditions for this discharge.
Contact your loan servicer for more information or to get a cancellation form. You can also find more information in your copy of the Borrower's Rights and Responsibilities Statement."
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