### 1 U.S. Department of Education’s Responses 05/09/2013 NOTE: Unless otherwise indicated, all recommended changes have been made. Changes we did not make are highlighted and explained

.

Great Lakes Higher Education Comments

Total and Permanent Disability Forms
N otice P ublished in the Federal Register March 3 , 2013 (78 FR 14083)

Highlighting added to point out changes that may be difficult to see in strikeout and underline format.



### # Location on Form Comment Proposed Language Rationale

Discharge Application: Total and Permanent Disability
1 Page 1 of 7

– Warning statement Remove from
IMPORTANT
INFORMATION cover
sheet. WARNING: Any person who knowingly makes a false statement or misrepresentation on this form or on any accompanying documents will be subject to penalties that may include fines, imprisonment, or both, under the U.S. Criminal Code and U.S.C.
1097. Not needed on cov er since it appears on the actual form and is more applicable there.

2 Page 1 of 7

– bullet
5 Wording suggestion. If you are a veteran applying for discharge under requirement #1, you must provide documentation from the VA showing that the
VA has determin ed that you are unemployable due to a service

connected disability. You do not meet this requirement if your disability is not service

- connected. The following two types of VA determinations meet this requirement: (1) a determination that you
have a service

- connected disability (or disabilities) , or service

co nnected disabilities that is are 100% disabling; or (2) a determination that you are totally and permanently disabled based on an individual unemployability determination. Grammar.

3 Page 2 of 7

– Section 1 Add an alternative phone
number for borrower as
is collected for the borrower’s representative
in Section 3. Telephone (primary) ( ) ______________________________ Telephone (alternate) ( )

_____________________________ Consistency. Form should collect an alternate phone number for borrowers as is b eing collected from the borrower’s representative.

ED RESPONSE: To provide sufficient space to add a field for the applicant’s date of birth, it was necessary to
remove the alternate phone number data element. T he Department’s TPD servicer needs the applicant’s date of birth to o btain loan history information from NSLDS.

We do not believe it is necessary to request both a “primary” and “alternate” telephone
number , so t he revised draft has a single data element for “telephone.” Applicants will generally provide the number at which they can most easily be reached.

4 Page 2 of 7

– Define “VA”. 1. Are you a veteran who has received a determination from the Clarification of acronym the first time it’s

### 2 Section 2, question
1 Veteran’s Administration (VA) that you are unemployable due to
a service

- connected disability? used on the actual application in case borrower does not read cover page.
5 Page 3 of 7

– Section 4, bullet 1 Wording suggestions. • The applicant identified above is applying for a discharge of a federal student loan and/or a teaching service obligation for a federal grant on the basis that he or she has a total and permanent disability, as defined in Section 5 of this form. To qualify for a discharge, the applicant must be unable to engage in any substantial gainful activity (as defined below
and in Section 5) by reason of a medically determinable physical or mental impairment that (1) can be expected to result in death; or (2) has las ted for a continuous period of not less than 60 months; or (3) can be expected to last for a continuous period of not less than 60 months. . . . Substantial gainful activity is defined under item 1 in this section, so it seems appropriate
to reference the doctor to that definition in
addition to Section 5.

Also, the definition of total and permanently disability in Question 1 in this section has ‘or’ between each condition that could qualify a person, so it seems appropriate to be
consistent.

6 Page 3 o f 7

– Section 4, bullet 4 Wording suggestion. • Provide all requested information for items 1, 2, and 3 below, and attach additional pages if necessary. Complete the physician’s certification at the bottom of this page. The applicant’s loan discharge applica tion cannot be processed if the information requested in this section or your signature is missing. Underscores the need for the physician to sign
the form.

7 Page 3 of 7

– Section 4, Physician’s
Certification Wording suggestion. • I certify that, in my best professional judgment, the applicant identified above is unable to engage in any substantial gainful activity in any field of work by reason of a medically determinable physical or mental impairment that (1) can be expected to result in d eath; or (2) has lasted for a continuous period of 60 months; or (3) can be expected to last for a continuous period of not less than 60 months. Consistency with definition in Question 1 in
this section.

8 Page 4 of 7

– Section 5, definition
of total and permanent disability Wording suggestion. • 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 be expected to result in death, or that has lasted for a continuous period of not less than 60 months, or that can be expected to last for a continuous period of not less than 60 months; OR Consistency with definition in Item 1 of
section 4.

9 Page 4 of 7

– Section 5, definition
of total and permanent disability Include reference back to page 1. IMPORTANT INFORMATION ABOUT THE DEFINTION OF “TOTAL AND PERMANENT DISABILTY”

. . . To demonstrate that you have a total and permanent disability in accordance with paragraph (2) of this definition, you must provide documentation of a determination from the VA that you are unemployable due to a service

- connected disability. See page 1 for more information on acceptable documentation. Refers borrower back to page 1 where he can
fin d the acceptable types of VA
determinations.

### 3 10 Page 4 of 7

– Section 5, definition of post

- discharge monitoring period Wording and formatting suggestions. • The post

- discharge monitoring period begins on the date the Department grants a discharge of your loan(s) or TEACH Grant service obligation and lasts for three years. If you fail to meet certain conditions at any time during or at the end of the post

- discharge monitoring period, the Departme nt will reinstate your obligation to repay your discharged loan(s) or complete your TEACH Grant service obligation . See Section
6 for more information.

Formatting: insert hard return before ‘ Note ’ so ‘ Note to Veterans: ’ starts on new line. Grammar and to allow ‘Note’ to stand out
better.

11 Page 4 of 7

– Section 5, definition of eligible loans Include Direct PLUS
Consolidation loans • The William D. Ford Federal (Direct Loan) Program includes Federal Direct Stafford/Ford Loans (Direct Subsidized Loans), Federal Direct Unsubsidized Stafford/Ford Loans (Direct Unsubsidized Loans), Federal Direct PLUS Loans (Direct PLUS Loans), Federal Direct PLUS Consolidation Loans (Direct PLUS Consolidation Loans), and Federal Direct Consolidation Loans (Direct
Consolidat ion Loans) Missing type of Direct Consolidation Loan.

ED RESPONSE: Listing “Direct PLUS Consolidation Loans” would make the definition of the “William D. Ford Federal Direct Loan (Direct Loan) Program” inconsistent with the definition that is used
on other forms. The definition used on other forms includes only “Direct Consolidation
Loans.” A Direct Consolidation Loan may have up to three components that are referred to as Direct Subsidized Consolidation Loans, Direct Unsubsi dized Consolidation Loans, and (for consolidation loans made before July 1, 2006) Direct PLUS Consolidation Loans. These are not separate types of Direct Loans, bu t rather are terms used to identify different portions of a single Direct Consolidation Loan representing the types of loans that were repaid by the
consolidation loan.

12 Page 4 of 7

– Section 5, definition of representative Explain that representative needs to complete the Applicant Representative Designation form and remove extra period. • A representative is a member of your family, your attorney, a law firm or legal aid society, or another individual authorized to act on your behalf in connection with your total and permanent disability discharge application. You and your representative mus t complete and submit a Total and Permanent Disability Discharge: Applicant Representative Designation form with the Department to have such authorization in place. All references to “you” throughout this application (except in Section 4) include your repr esentative, if you provided information for a representative in Section 3.

. Reinforces that the separate form must be completed as stated in Section 3.

ED RESPONSE: We have not added the suggested language here, but similar language has been added at the bottom of page 2 in the space created by the removal of the data elements for the representative’s relationship to applicant and representative contact information. S ince this

### 4 information will be collected separately on the applicant representative designation form, it can be removed from the TPD discharge application.

13 Page 4 of 7

– Section 6, Applying for Discharge (All Applicants), item 1,
bullet 2 Replace pronoun with “the Department” • Notify your loan holders of your intent to apply for total and permanent disability discharge and direct them to suspend collection activity on your loans for a period not to exceed 120 days from the date you notify us the Depa rtment of your intent to apply for discharge (you are not required to make any payments on your loans during this period); and Consistency. Use of pronouns to identify the Department is not used in other text.

ED RESPONSE: We believe it would be simpler and clearer to use “we,” “us,” and “our” to refer to the Department. Accordingly, we have added text to the “Read This First” page explaining that these pronouns refer to the Department and have replaced references to “the De partment” with the appropriate pronoun. The same change s have been made on the post

- discharge monitoring
form.

We have retained references to the “U.S. Department of Education” in a few places where the use of pronouns would be awkward (e.g., in the appli cant understandings/certifications and in certain definitions).

14 Page 5 of 7

– Section 6, Discharge Process
for All Other Applicants, item 1, paragraphs 2 & 3 Wording suggestions. If the Department determines during its review of your application that you received a Direct Loan or Perkins Loan program loan, or a TEACH Grant before the date the Department received the SSA notice of award or before the date the physician certified you r application in Section 4, and a disbursement of that loan or grant is made after that date, but before the Department has granted a discharge, the Department will suspend processing of your discharge request until you return ensure that the full amount o f
the disbursement is returned to the loan holder or (for a TEACH Grant) to the Department.

If you apply for a total and permanent disability discharge and the Department determines as part of its review that a new Direct Loan or Perkins Loan program loan or new TEACH Grant was made to you on or after the date the Department received the SSA notice of award or the date the physician certified your application in Section 4 and before the date the Department has granted grants a discharge, the Department wil l deny your discharge request. Collection will resume on your loans and you will again be responsible for complying with the terms and conditions of your TEACH Grant service obligation. Grammar.

ED RESPONSE: We did not make the change in the first of the two paragraphs. Generally, it will be the school that returns the disbursement, not the applicant , so the regulations require the applicant to
“ensure” that the full amount of the disbursement is returned.

### 5 15 Page 6 of 7

– Section 6, Discharge Process
for All Other Applicants, item 3 Wording suggestions. 3. Post

- discharge monitoring period. If you are granted a discharge, the Department will monitor your status during the 3

- year post

- discharge monitoring period that begins on the date the discharge is granted. The Department will reinstate your obligation to repay your discharged loan and/or your obligation to complete your discharged TEACH Grant service obligation if, at any time during or at the end of the post

- discharge monitoring period, you: Consistency with wording used item 4 in this
section.

16 Page 6 of 7

– Section 6, Discharge Process
for All Other Applicants, item 3,
bullet 3 Wording suggestion. • Fail to ensure that a loan or TEACH Grant disbursement was
returned to the loan holder or (for a TEACH Grant) to the Department within 120 days of the disbursement date, in the case of a Direct Loan Program or Perkins Loan Program loan or a TEACH Grant that was made before the discharge date, but was disbursed during the 3

- year post

- discharge monitoring period; or Suggested Rewrite:

• Receive a disbursement of a Direct Loan, Perkins Loan program loan, or TEACH Grant that was initially disbursed prior to your discharge date and you fail to ensure that the
disbursement is retur ned to the loan holder or (for a TEACH Grant) to the Department within 120 days of the disbursement date; or Text as written is confusing and the rewrite is
consistent with how this condition is explained on the Post

- Discharge Monitoring
form.

Total and Permanent Disability Discharge: Applicant Representative Designation
17 Page 1 of 2

– Section 1 Add an alternative phone
number for borrower as
is collected for the borrower’s representative
in Section 2. Telephone (primary) ( )

______________________________ Telephone (alternate) ( )

_____________________________ Consistency. Form should collect an alternate phone number for borrowers as is being collected from the borrower’s representative.

ED RESPONSE: See response to # 3.

18 Page 1 of 2

– Section 2 and Page
2 of 2

– Section 4,
last sentence Correct contact number. If you need help completing this form, contact the U.S. Department of Education at 888

- 303

- 7 8 3 18 The number on page 7 of 7 on the TPD application and page 3 of 3 on the Post

Discharge Monitoring form is 888

- 303

- 7318.

ED RESPONSE: The number on the other two forms was incorrect; t he correct number is 7 8 18. We have made the necessary corrections.

19 Page 1 of 2

– Section 3, item 3 Wording suggestion and question. (3) When ever requesting disclosure of information, the representative named in Section 2 must submit information to Grammar and question. Question: what if the representative is an

### 6 verify his or her identity or the organization for which he or she
works

. organization? Will ED be verifying that the individual works for the organization
identified in Section 2?

20 Page 1 of 2

– Section 3 Wording suggestion. I authorize the Department and its agents to release to, and discuss with, the individual or organization named in Section 2, any records of the held by the Department regarding my federal student loan or grant service obligation(s) to the Department,to
assist me in satisfying the obligation through a total and permanent disability discharge, and to send correspondence related to my discharge request to that individual or organization. I also authorize the individual or organization named in Section 2 to
assist me in satisfying the obligation through a total and permanent disability discharge. Unclear as written. It appears as though there are two separate authorizations being
collected

– 1) to authorize ED to release
information about and discuss the borrower’s
loan o r service obligation, and 2) to authorize the representative or organization to assist the borrower obtain a total and permanent disability to satisfy the loan or service obligation. Blending those together makes the authorization confusing.
Total and Pe rmanent Disability Discharge: Post

- Discharge Monitoring

21 Page 1 of 3

– Section 1 Formatting. Underline the SSN so that the boxes are not open on the bottom. Consistency with formatting of other common
forms.
22 Page 1 of 3

– Section 2, paragraph
3 Wording suggestions. Your post

- discharge monitoring period begins on the day after we the Department discharge s your loans or TEACH Grants, and ends three years from that date. Each year, for three years, we the Department will ask for information about your annual earnings from employment for a 12

- month period that is based on the date that your post

- discharge monitoring period began. Consistency. Use of pronouns to identify the Department is not used in other text.

ED RE S PONSE: See response to #13.

23 Page 1 of 3

– Section 3, bullet 1, item (3) Wording suggestion. (3) I receive a disbursement of a Direct Loan, Perkins Loan, or TEACH Grant that was initially disbursed prior to my discharge
date and I fail to ensure that the disbursement was is returned to the loan holder or (for a TEACH Grant) to the Department within 120 days of the disbursement date; or . . . Grammar

– verb tense doesn’t match.

24 Page 2 of 3

– Section 4, bullet 1 Remove (2) under total and permanent disability
definition. (2) You are a veteran who has been determined by the VA to be unemployable due to a service

- connected disability. Borrowers who receive a VA TPD discharge are not subject to the 3

- year post

- discharge monitoring period.
ED RESPONSE: In response to a recommendation from another commenter, we have removed the definition s of “total and permanent disability,” “substantial gainful activity,” and “Federal Family Education Loan (FFEL) Program” from this form. Individuals completing this form have already been granted a TPD discharge, and the monitoring form does not refer to these terms, so the first two definitions aren’t needed. The FFEL Program definition is also unnecessary, since a discharge recipient could not receive a new FFEL Program loan during the 3

- year post

discharge monitoring period.

25 Page 2 of 3

– Remove text as noted. Remove IMPORTANT INFORMATION ABOUT THE Borrower has already been granted discharge,

### 7 Section 4 DEFINITON OF “TOTAL AND PERMANET DISABILTY” and
all bullets that follow. so there’s no reason to include this on the post

- discharge monitoring period form.
ED RESPONSE: See response to #24.

26 Page 2 of 3

– Section 5, Post

Discharge Monitoring Period, paragraph 1, bullet
3 Wording suggestion. • Receive a disbursement of a Direct Loan, Perkins Loan, or TEACH Grant that was initially disbursed prior to your discharge date and fail to ensure that the disbursement was is returned to the loan holder or (for a TEACH Grant) to the Department within 120 d ays of the disbursement; or Grammar

– verb tense doesn’t match.

27 Page 2 of 3, Section 5, Post

- Discharge Monitoring Period, paragraph 2 Wording suggestion. During the 3

- year post

- discharge monitoring period, the Department will monitor the National Student Loan Data System (NSLDS) to determine whether you have received a new loan under the Direct Loan Program or the Perkins Loan Program or a TEACH Grant, or w hether you have failed to ensure that a loan or TEACH grant disbursement was not returned to the loan holder or (for a TEACH Grant) to the Department within 120 days of the
disbursement date. Correction.