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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

Notice Published 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 cover 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 determined that you are unemployable due to a serviceconnected 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 serviceconnected disabilities that isare 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 being 

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. The Department’s TPD servicer needs the 

applicant’s date of birth to obtain loan history information from NSLDS. 

We do not believe it is necessary to request both a “primary” and “alternate” telephone 

number, so the 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 lasted 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 of 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 application 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 death; 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 

find 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 Department 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 

Consolidation 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 Unsubsidized Consolidation Loans, and (for 

consolidation loans made before July 1, 2006) Direct PLUS Consolidation Loans. These are 

not separate types of Direct Loans, but 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 must 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 representative, 

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. Since 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 usthe Department 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 Department” with 

the appropriate pronoun. The same changes 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 applicant 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 your 

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 of 

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 will 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 returned 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 888-303-78318

The number on page 7 of 7 on the TPD 

application and page 3 of 3 on the PostDischarge Monitoring form is 888-303-7318.

ED RESPONSE: The number on the other two forms was incorrect; the correct number is 7818. We have made 

the necessary corrections. 

19 Page 1 of 2 –

Section 3, item 3

Wording suggestion and 

question.

(3) Whenever requesting disclosure of information, the 

representative named in Section 2 must submit information to 

Grammar and question. 

Question: what if the representative is an 
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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 or 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 Permanent 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 discharges your loans or TEACH Grants, and ends 

three years from that date. Each year, for three years, wethe 

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 RESPONSE: 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 wasis 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 definitions 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 postdischarge monitoring period. 

25 Page 2 of 3 – Remove text as noted. Remove IMPORTANT INFORMATION ABOUT THE Borrower has already been granted discharge, 
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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, PostDischarge 

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 wasis

returned to the loan holder or (for a TEACH Grant) to the 

Department within 120 days 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 whether 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.