By 
Ron Lieber
The program that
 public servants can use to have their federal student loans forgiven is
 such a quagmire for borrowers that Congress had to set up a relief 
program for the relief program.
So far, it’s not performing much better.
It
 has been nearly five months since the Department of Education released 
instructions for a $350 million pot of money that some public servants 
can use if they received bad information about the loan forgiveness 
program and ended up in the wrong type of repayment plan.
Tens
 of thousands of people have applied for the relief program. But so far,
 most have been rejected, and as of late last month, none among the few 
thousand who remain in the running have seen their debt balances go to 
zero.
In response to an inquiry led 
by Senator Tim Kaine, Democrat of Virginia, the department disclosed 
last week that 28,207 people had submitted requests as of Sept. 28 and 
that it had found 21,672 ineligible almost immediately. It then culled 
“approximately” half of the remaining 6,535 for other reasons. That 
leaves just over 3,000 applications still under consideration.
 
It can take up to six months or so to 
review these requests because of the complexity of both the forgiveness 
program and the relief fund application process. The Department of 
Education has shifted some staff to work more closely with the loan 
servicer that handles the forgiveness program.
The
 relief fund was created after it became clear that scores of teachers, 
social workers and other government and nonprofit employees had 
received bad information
 from their loan servicers about the forgiveness program’s complex 
terms. So far, fewer than 1 percent of applicants have had their loans 
discharged through the program, which got its start just over a decade 
ago but is only now having borrowers become eligible.
To
 qualify for tax-free loan forgiveness, borrowers need to make 120 
on-time monthly payments (while working in an eligible public-service 
position), have the right kind of loan (some federal loans qualify while
 others do not) and be in the right kind of payment plan (the 
income-driven ones designed to help lower-income borrowers). I explained
 the process in more detail in 
an earlier column.
When
 it became clear in recent years that loan servicers had told 
public-servant borrowers that they were doing everything right even when
 they were in the wrong kind of loan or payment plan, pressure grew on 
elected officials to help borrowers who thought they were being 
meticulous only
to find that years of payments had not counted for forgiveness.
Enter
 the Temporary Expanded Public Service Loan Forgiveness initiative, 
which is a pool of $350 million designed to help borrowers who were in 
certain ineligible payment plans, often because their loan servicers 
specifically told them to use those plans or stay in them. The relief 
program comes with its own rules and restrictions, which I outlined in 
a previous article and are available on the Department of Education’s 
website.
Five months in, that website is no model of clarity.
For
 instance, one paragraph tells borrowers that they must submit a public 
service loan forgiveness application and wait to be rejected (for 
payments that were not in a qualifying payment plan) before being 
potentially eligible for relief. The very next paragraph, however, tells
 them that they do not need to wait before submitting a request under 
the temporary plan.
Jolie von Suhr, a
 psychologist in a state psychiatric hospital in Lakewood, Wash., who 
was in an ineligible payment plan for years before realizing she had a 
problem, said the site’s conflicting information left her both perplexed
 and afraid.
“It kind of sounds like 
you can submit them both at the same time, but I’m not sure,” she said. 
“I’m so anxious now about doing anything incorrectly that could get me 
booted out of consideration.”
In 
fact, you do not have to wait for a public service loan forgiveness 
denial in order to request consideration under the temporary expanded 
program. I asked if the department intended to clarify this on its site 
and received assurances that it “will continue to review communications 
to borrowers and will adjust them as appropriate.”
Some
 eligibility determinations are easier to make than others — rejecting 
people who have not made 120 payments or who were in an ineligible loan,
 for example. The Department of Education’s loan servicer often has a 
tougher time producing an accurate count of months of repayment.
Plus,
 it now has to account for a rule under the temporary program that 
applies to people who thought they were in the right kind of repayment 
plan but found out much later that they were not. They are eligible for 
the temporary program only if their most recently monthly payment and 
the
one they made 12 months before their 
application were higher than what they would have paid if they had been 
enrolled in a qualifying repayment plan. Yes, it’s complicated, and 
clearing this hurdle may require documentation.
The Education Department seems tired of bearing blame for all of this.
“We
 implement the programs Congress creates,” said the department’s press 
secretary, Liz Hill. She added that the forgiveness program and the 
temporary program were “poorly constructed programs, the rules of which 
are highly complex and difficult for students to navigate.”
“We are working to make it as straightforward as the rules allow,” Ms. Hill said.
Some borrower advocates are not surprised by the delays thus far.
“This
 is a new program in that we’re still in the first year or so of 
forgiveness applications,” said Betsy Mayotte, president of the 
Institute of Student Loan Advisors, a nonprofit adviser to debtors. “I have high hopes that the process will become more seamless and quicker over time.”
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