• Report: #1060796

Complaint Review: U.S Department Of Education

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  • Submitted: Thu, June 20, 2013
  • Updated: Thu, June 20, 2013

  • Reported By: lynnss52 — Provo Utah
U.S Department Of Education
400 Maryland Ave, SW Washington, Dist of Columbia USA

U.S Department Of Education disability student loan discharge misconduct and fraudulent activities! Washington DC

*Consumer Comment: Your uncaring government at work...

*Author of original report: explanation to rebuttal

*Consumer Comment: You are truly conditioned..

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My name is Lynn S

I applied for disability back in 2004 and was granted disability status by  federal judge for social security dating back to 1998.  In 2003 I applied for a write off of my student loans due to my disabilities and was approved by Utah higher education!  I was sent a letter stating that if I went three years with no job income that my student loans would be dismissed!  In 2005I was contacted by the U.S Department of Education starting that my student loans were in default and were being sent to collections.  I told them that it couldn't be because I was disabled and I had been approved for a disability discharge.  I was told that the U.S Department of Education turned around and unapproved my disability status!  The arguments went on till 2010 when they confiscated close to $5000 from my and my wife's income tax return.  I three days later resubmitted the disability form which once again was approved.  Nothing has changed with me being disabled other then the amount of surgeries I have had!  The U.S Department of Education now refused to refund our money because they say that I filled for disability four days after it was confiscated legally entitling them to it! 

1. There is proof that I applied back in 2003 for the disability dismissal and it was approved!

2. I have a federal judge stating that I was disabled clear back to 1998!

Now the federal government is trying to defraud close to $5000 from us due to a dishonest loop hole.  I haven't had employment since 2001 because of my medical conditions.  I Have met the U.S Department of Education requirement over and over again but they still choose to steal money from me and my wife rather then do what is right and honest!

We have thousands of dollars of medical bills, my wife has MS and is trying to work full time to support the family and supplement what little I get from social security!  It is and always has been clear that I was and still am disabled since at least the year 1998!   I have multiple volumes of Medical records from multiple hospitals and doctors offices!   I have had over 80 surgeries since 1984 that is very well documented!   The department of Education should not be allowed to get away with taking our money just because they cancelled the disability claim and then approved it again 4 days after they took our money!  They even looked at their records and acknowledged the time line and that I applied in 2003 and was approved then denied in 2005 then re-approved 4 days after they confiscated our money!  Don't allow them to get away with this dishonest act because of a clever loop hole!   If they are allowed to get away with this with me and my wife they can do this to everyone and get away with it no matter how much proof there is against them!   They claim that they denied the claim because they called the doctor and requested more information and didn't get it from the doctor.   The doctors office told me that they couldn't legally give out any information because the department of Education didn't have a signed release form from me authorizing release of medical information!   I wasn't ever contacted by the department of Education telling me that further information was needed !   The department of Education never sent me any release forms to sign to release any information to anyone!

Just another example of the federal government not caring about the people that they are suppose to be serving!

I also found a list of regulations and found that the Department of Education violated at least two of its own regulations intrying to verify my disability and if they would have folloeed through they wouldn't have stolen any money from me and my wife!!!!!!! 

I have tons of proof to verify what I am claiming!


This report was posted on Ripoff Report on 06/20/2013 03:10 PM and is a permanent record located here: http://www.ripoffreport.com/r/US-Department-Of-Education/Washington-Dist-of-Columbia-20202/US-Department-Of-Education-disability-student-loan-discharge-misconduct-and-fraudulent-1060796. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Your uncaring government at work...

AUTHOR: Robert - ()

 While I do have sympathy for your situation..I have no sympathy for your attitude and that is really what I am pointing out.  After all if you truly belive that then why don't you move to another Country that will be a little more "caring".

Because as far as I can tell

- You get tax credit for being "poor" and having children

- You are on SSD/SSDI..again another Government Program

- You are probably on Food Stamps(or similar) which is another Government Program

- The government underwrote(guaranteed) Student Loans for you

- You and your family is probably on Medicare/Medicade

- Not to mention probably several other "Government Programs".

The real interesting thing is that you stated you got your loans in 1998(well after you started your surgeries), and when you got your disability approved it was backdated to 1998...again very interesting timing when looking in from the outside.

As for not being able to work.   Well you seem quite good at typing and if you have all of the records, probably very good at organizing and filing.  I imagine you also have a decent amount of education since you do have Student Loans.  So I would bet that if you really put your mind to it, there are litterally dozens of jobs you could do.  Will they be jobs you like or are the most glamerous..probably not, but they would bring in money.

A few other things.  You stated your disability for SS was granted by a judge.  Well the requirements for disability for Social Security is very different than the Disabiliy requirements for a Student Loan.  For Student loans your disability MUST be considered permanent, this is not the same requirement that Social Security requires..their requirement is about a year minimum.  So unless the doctor specifically states that it is permanent your claim for having your student loand debt forgiven could be denied..even if they approved SS.   Then even after the initial approval..you are still monitored for several years before a final approval is given.

You also seem to be under the impression that your doctor can't give them documentation without your permission.  Well that may not have been true. Because the only way that your disability claim would have gone that far to be intitally approved is to have your doctor give them this information in the first place.  Once they intially got the information any "privacy" issues may really go by the wayside and you may have even signed documents that says they can review your medical history..especially since they will continue to monitor your situation.

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#2 Author of original report

explanation to rebuttal

AUTHOR: lynn - ()

I don't know why i would have to defend myself against someone who doesn't know what they are talking about!  I didn't break any regulatios where on the other hand the department of education side stepped several policies in determining my case!  The loans were from 1998 and the surgeries that i had from 2001 to current was when i found out that i could no longer work!  The money from our taxes were child tax credit for having children and being poor!   Injured spouse form doesn't cover that!

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#3 Consumer Comment

You are truly conditioned..

AUTHOR: Robert - ()

You are exactly what the Government wants..someone reliant on them..and you don't even realize it.

Where were your complaints of an uncaring Government when they underwrote thousands of dollars in Student Loans?  There were no complaints, in fact it was probably just the opposite..you were probably thanking the Government for giving you all of that money.

The Government only becomes uncaring in your mind when they try to collect the money you borrowed.  The ironic thing is that you claim it is wrong because they are using a "loophole".  Well what loophole did you use to try and get out of the debt?

You also have to wonder if your surgeries went back to 1984, when did you get these loans and when you got them did you know you wouldn't be able to pay on them but could use this "disability" status to get out of them.

Now, just so it's not all bad.  If you say they took you and your wife's income tax refund.  If this is your debt solely your wife can file as an "Injured Spouse" with the IRS and should be entitled to her portion of the refund.  

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