This action might not be possible to undo. Are you sure you want to continue?
House of Representatives 200 North High Street, Suite 400 Columbus, Ohio 43215 Dear Congressman Kasich: This letter is in response to your inquiry on behalf of your constituent, XX , concerning an alleged failure of United Student Aid Funds, Inc. ("USAF"), to forgive XX student loan. XX suggests that his loan should have been forgiven as he is permanently unemployable due to a disability. Although XX stated in his letter that he is alleging a violation of the Americans with Disabilities Act ("ADA"), the ADA does not address the issues raised by him. Instead, he alleges that USAF has failed to comply with student loan regulations promulgated by the U.S. Department of Education. Accordingly, we suggest that XX continue to pursue this matter with the Department of Education. If he has not already done so, he may wish to call (202) 732-1213 (voice) or (202) 7321663 (TDD), or write to the following address: U.S. Department of Education Office for Civil Rights 400 Maryland Avenue, S.W. Washington, D.C. 20202-2572 Further information about titles II and III of the ADA is available through the Department's toll-free ADA Information Line, (800) 514-0301 (voice), or (800) 514-0383 (TDD). I hope this information is useful to you in responding to your constituent. Sincerely,
Deval L. Patrick Assistant Attorney General Civil Rights Division 01-03448
Wednesday, July 20, 1994 The Honorable John R. Kasich 200 North High, Fifth Floor Columbus, OH 43215 Dear Mr. Kasich: This letter is to seek your assistance with a case involving a violation of the Americans with Disabilities Act. This case is between myself, XX and The United Student Aid Funds Inc. I am seeking your help after exhausting other resources available to me. The following is a summary of the problem, how that problem has impacted me, and what I believe would be an equitable resolution. I had attended Trinity Lutheran Seminary for two (2) years concluding in 1989. On July 13, 1990 I was told by my doctor that I was disabled. I made application to The Social Security Administration and was approved for disability payments on March 9, 1992. On June 25, 1991, I filled the US Department of Education physician's certification of borrower's total and permanent disability, Form 1172, with the Ohio Student Aid Commission, United Student Aid Funds, Inc., Kent State University (N.D.S.L.), and Trinity Lutheran Seminary. All of those with whom I had an outstanding student loan eventually canceled the loans based on this information and letters from my physician on his letterhead, except for United Student Aid Funds, Inc. Initially the USA Funds, Inc. rejected the Ed Form 1172, stating that my physician had checked item number 5 as no my condition was not static. They interpreted my physician's statement to mean my condition would improve. However, inspection of this form clearly indicates that my condition would become worse with standing and ambulation. In a phone conversation with USA Funds Post Claims Department. They requested me to send them a statement from my physician stating that I was permanently and totally disabled. The letter
my doctor sent stated in part: " It is my opinion that the patient is unemployable at this time ... [and is] totally and permanently disabled for employment". This letter was also rejected; the reason given being that the doctors use of the phrase, " at this time", indicated that my condition would improve. Again they requested another letter from my doctor. This was sent with the offending phrase changed to: "...unemployable in any foreseeable future". Again USA Funds rejected the request to forgive the loan. Their reasoning this time was that they could only accept ED Form 1172. However according to the Request for Review Form that was sent to me by USA Funds Inc. clearly shows under section II number 6. that a physician's letter is acceptable. Further it would appear that USA Funds is attempting to collect twice on this loan, as they state in a letter dated September 30, 1993 "This loan was guaranteed by the UNITED STUDENT AID FUNDS, ...Ed has reimbursed the UNITED STUDENT AID FUNDS for its payment on this loan". In the meantime USA Funds has submitted 01-03449
the loans to numerous collection agencies and law firms. In each case I have tried to comply with both USA Funds and their collection agencies. All these actions have adversely affected my credit rating and the ongoing harassment has contributed to my ill health. In addition to my disability, I am also a diabetic. The effects of the monumental stress this has placed me under has, according to doctors and diabetes experts, hastened the degenerative effects of the disease on organ tissue such as the eyes, liver, muscles, heart, nerve tissue and others. Finally I also have chronic clinical depression and a chemical imbalance of the brain. This condition has also been severely and adversely effected by the actions of USA Funds, Inc. In short, I believe that my life has been shortened by their harassment and discrimination. I have sought legal advice and was told by an attorney that while I can sue under the Americans With Disabilities Act, the most that the law provides for me is to have the debt canceled and legal fees reimbursed. My lawyer also
informed me that the basic cost would be $2500.00. I have as income a total of $446,00 per month from Social Security. I can barely afford to live from month to month. It is therefore impossible for me to come up with the legal fees in the first place. I also believe that to a company such as USA Funds, $2500.00 is as nothing and therefore insufficient as a punitive measure. Unless more stringent measures and higher punitive damages are levied against such companies practicing discrimination and harassment, I believe that they will continue to do what is in effect, murder the disabled citizens of this country. I therefore would request that as resolution of this case the following would be acceptable: 1) the loans be canceled, 2) any court costs and legal fees be recovered, and 3) substantial monetary punitive damages be levied. Should you need verification of any of this information My Social Security Number is XX . You have my permission to access any and all files pertaining to these matters. Please see enclosures for documentation of my statements. Should you have any questions, please feel free to contact me at XX or by mail at: XX Worthington, Ohio XX Thank you for your prompt consideration and action on this matter. Sincerely, XX XX XX 01-03450