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    Cez33's Avatar
    Cez33 Posts: 6, Reputation: 1
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    #1

    Mar 13, 2009, 09:48 AM
    Student Loan Discharge?
    I am a student working for a law firm and I need some help. I am trying to find out if a loan is dischargable is someone has a debilitating condition that could arguably be controlled by medication but they won't take it due to the side affects. Are there any cases out there similar to this or does anyone have any general information where I can find the answer? Any help is appreciated.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 13, 2009, 09:58 AM

    As far as I know US government subsidized student loans are not dischargeable under any conditions. Disablilty payments can be garnished to repay student loans.
    Cez33's Avatar
    Cez33 Posts: 6, Reputation: 1
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    #3

    Mar 13, 2009, 10:07 AM
    Well I believe they can be if the individual is totally or permanently disabled and they satisfy the Brunner Test but I wasn't sure if there was something specific for this type of case.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 13, 2009, 10:16 AM

    Hmmm, Thanks for adding to my store of knowledge. I was not aware of the Brunner test.

    But on the basis of it, a person would not be deemed to be totally and permanently disabled if their condition could be controlled by medication. This then would fail the Good faith effort part of the Brunner test.
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    Cez33 Posts: 6, Reputation: 1
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    #5

    Mar 13, 2009, 10:20 AM

    Very true, my question to that is, if forced to take the medication, will these side effects cause her to be incapable from working to the capacity required, as well as working with others?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Mar 13, 2009, 10:21 AM

    That's up to a doctor to determine.
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    Cez33 Posts: 6, Reputation: 1
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    #7

    Mar 13, 2009, 10:24 AM

    All right, I'll go along with that! I appreciate all of your help!
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