What happens to a student loan when the borrower dies or becomes totally and permanently disabled?
Summary
Federal student loans are discharged when the borrower dies, once a family member or other representative sends the servicer a death certificate, and a parent PLUS loan is also discharged if the student it paid for dies. A living borrower can have federal loans discharged for total and permanent disability (TPD) with documentation from the Department of Veterans Affairs, the Social Security Administration, or a qualified medical professional. Private lenders are not legally required to do either, so a private loan can end up with a cosigner or spouse.
When a borrower dies
Federal loans do not pass to anyone else. The servicer needs an original death certificate, a certified copy, or an accurate and complete photocopy of one of them. For parent PLUS loans, the death of either the parent who borrowed or the student the loan was for is enough.
Private student loans work differently. The Consumer Financial Protection Bureau notes that private lenders have no legal obligation to cancel a loan when the borrower dies or becomes disabled, and some of that debt can fall on a spouse or cosigner. Some lenders write their own discharge terms into the loan contract.
Three ways to document a disability
| Route | Who qualifies | What you send | Monitoring period |
|---|---|---|---|
| VA | Veterans rated 100% disabled for service-connected conditions, or totally disabled on an individual unemployability rating | VA Benefit Summary and Service Verification Letter | None |
| SSA | People eligible for SSDI or SSI who also meet one of the conditions listed below | SSA notice of award or Benefits Planning Query | Three years |
| Medical professional | People who cannot do substantial gainful activity because of an impairment that is expected to cause death or has lasted, or is expected to last, at least 60 months | Certification signed by a U.S.-licensed MD, DO, nurse practitioner, physician assistant, or independent-practice certified psychologist | Three years |
Getting SSDI or SSI is not enough by itself. You also need one of these:
- your next continuing disability review is set for five to seven years after your last SSA determination
- your next review is set for three years out
- your medical onset date is at least five years before you apply for TPD
- you qualified through a compassionate allowance
- you now receive SSA retirement benefits and met one of the conditions above right before switching
The Education Department also matches its records against VA and SSA data. If a match shows you qualify, you get a letter and the discharge goes through automatically unless you opt out.
While the application is pending, and after
Submitting an application, or just telling the department you plan to apply, pauses payments for 120 days, and no payments are due while the application is under review. An approval brings a refund, and how far back it reaches depends on the route. VA approvals refund payments made on or after the effective date of the VA determination, SSA approvals refund payments made after the department received the SSA documents, and medical approvals refund payments made after the certification date.
SSA and medical-professional approvals come with a three-year monitoring period. Take out a new Direct Loan or receive a TEACH Grant during those three years and the discharge is reversed, with repayment starting again. If an application is denied, you have 12 months from the notice to send new information for a second look, and after that you would file a new application.
Taxes
A TPD discharge received on or after January 1, 2018 is not federal taxable income, though a state may still count it as income. The timing rule matters for SSA and medical approvals, because the discharge is treated as received when the monitoring period ends. StudentAid.gov walks through this example:
VA approvals are treated as received on the day the department approves them. If a Form 1099-C arrives, keep it, but it does not go on your federal return. The underlying rule is Internal Revenue Code section 108(f)(5), which excludes death and TPD discharges of both federal student loans and private education loans from gross income, provided you put your Social Security number on that year's return.
Sources
- Federal Student Aid, studentaid.gov/manage-loans/forgiveness-cancellation/death
- Federal Student Aid, studentaid.gov/manage-loans/forgiveness-cancellation/disability-discharge
- Federal Student Aid, studentaid.gov/manage-loans/forgiveness-cancellation/disability-discharge/how-…
- Federal Student Aid, studentaid.gov/manage-loans/forgiveness-cancellation/disability-discharge/how-…
- Federal Student Aid, studentaid.gov/manage-loans/forgiveness-cancellation/disability-discharge/how-…
- Federal Student Aid, studentaid.gov/manage-loans/forgiveness-cancellation/disability-discharge/how-…
- Federal Student Aid, studentaid.gov/manage-loans/forgiveness-cancellation/disability-discharge/afte…
- Federal Student Aid, studentaid.gov/manage-loans/forgiveness-cancellation/disability-discharge/taxes
- CFPB, consumerfinance.gov/ask-cfpb/what-happens-to-my-student-loans-if-i-die-or-beco…
- Legal Information Institute, law.cornell.edu/uscode/text/26/108
Written by Kaz (pen name). Figures are copied from the sources' published pages on the dates shown. We have not used these products. Corrections: contact form.