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Joe Biden and Student Loans: What He’s Done for Borrowers
Biden’s student loan forgiveness plan has debt cancellation in the pipeline for most borrowers, but legal challenges could unravel his vision.
Cecilia Clark Lead Writer/Spokesperson | Education financing products, Veteran's benefits, Student and graduate finances
Cecilia Clark is a writer and spokesperson on the education team. She covers student loan refinance and manages product reviews and roundups. Previously, she worked as a freelance writer and developed communications strategies for cybersecurity firms. Cecilia has also worked in post-secondary education, elevator operations management and sales and military nuclear command control, maintenance management and public affairs.
Eliza Haverstock Lead Writer | Student loan repayment, college alternatives
Eliza Haverstock is a lead writer and spokesperson on NerdWallet's education team, where she focuses on student loan repayment and college alternatives. Previously, she reported on billionaires, investing and fintech for Forbes in New York, and she also covered private markets for PitchBook in Seattle. Eliza got started at her college newspaper at the University of Virginia and interned for Bloomberg, where she spent a summer writing a feature story about plastic straws. She is based in Washington, D.C.
Trea Branch Lead Writer | Student loan refinancing
Trea S. Branch is a lead writer for Nerdwallet focused on student loan refinancing. She holds degrees in economics, from the University of Michigan and business, from the University of Notre Dame. Federal and private loans almost entirely financed both degrees. Desperate to pay off her six-figure student debt, Trea embarked on an aggressive payoff journey that she shared through a blog. Her blog turned into a personal finance coaching business where she helped women from all walks of life confidently begin their six-figure debt-free journey. Trea is committed to empowering anyone overwhelmed by student debt by adding clarity and the power of choice to the college financing process. You can find her in Chicago, Illinois (likely stuck in traffic!).
Des Toups Lead Assigning Editor | Student loans, repaying college debt, paying for college
Des Toups is a former lead assigning editor who supported the student loans and auto loans teams. He has decades of experience in personal finance journalism, exploring everything from car insurance to bankruptcy to couponing to side hustles.
Many or all of the products featured here are from our partners who compensate us. This influences which products we write about and where and how the product appears on a page. However, this does not influence our evaluations. Our opinions are our own. Here is a list of our partners and here's how we make money.
Updated Feb. 28, 2023 11:30 a.m. PT to incorporate the latest from the Supreme Court oral arguments.
The Supreme Court is now deciding the fate of the most high-profile of President Biden’s multiple efforts to ease the nation’s collective $1.6 trillion in federal student loan debt.
But broad student debt cancellation is Biden's most high-profile effort yet.
In August, the White House announced relief of up to $20,000 per federal borrower. Close to 26 million applied for federal student debt cancellation in the weeks after the Department of Education released the application in mid-October. But intensifying legal arguments escalated the relief plan to Feb. 28 oral arguments before the Supreme Court, which is expected to make a final decision by the end of June.
"This president has done more, especially for the most vulnerable student borrower populations, than any other administration I've ever seen," says Betsy Mayotte, a student loan expert with more than two decades of experience and the president and founder of The Institute of Student Loan Advisors.
Even if debt cancellation survives the scrutiny of the Supreme Court, it may not be enough to help future student borrowers. Biden's critics say he has failed to address a core problem that prompted public pressure for forgiveness in the first place: sky high college costs and record inflation that has spurred interest rates on student loans to rise after years of lows.
Here’s where we stand.
What Biden has done for borrowers so far
Forbearance: The White House has extended the broad, zero-interest pause on loan payments begun under President Donald Trump. Federal student loan payments will resume as late as summer 2023, after legal challenges around debt cancellation are resolved.
A new income-driven repayment plan:The new IDR plan will change how payments are calculated and how much income is counted. For most borrowers who enroll, monthly payments should be cut by half or more.
Relief on defaulted loans: The White House on Aug. 18 announced a program to wipe the slate clean for more than 7 million borrowers who have defaulted on their student loans, which brings severe consequences including possible seizure of tax refunds and Social Security checks and long-lasting impacts on credit. The Fresh Start program addresses most of the consequences of default by removing the penalties and making the rehabilitation process cheap and easy for borrowers who choose to rehabilitate their loans and move forward with a payment plan.
Emergency relief fund: More than 18 million college students have received direct financial aid under the Higher Education Emergency Relief Fund since the start of 2021. The Biden administration created this fund to help universities provide cash grants to current students amid the pandemic. In 2021 alone, institutions distributed $19.5 billion worth of emergency grants.
Get the scoop on student loans
Stay up to date on how student loan forgiveness and repayment may affect your finances.
Other plans we’re watching: financial aid, student debt
Policy proposals in the works
New regulations to prevent interest capitalization and improve forgiveness
On July 6, the Biden administration proposed new regulations intended to improve existing forgiveness programs and prevent instances of interest capitalization on loans (when unpaid interest is added to your loan's principal). The new regulations will take effect no later than July 1, 2023. Here's what the changes include:
Prevent interest from capitalizing when it isn’t required by statute.
That includes when a borrower is:
Entering repayment, which happens typically six months after leaving school or graduating.
Exiting an administrative forbearance, which is automatic and happens when the education department or a servicer is processing paperwork.
Leaving a hardship forbearance.
Defaulting on a student loan.
During periods of negative amortization under alternative payment plans or income-driven repayment plans.
Exiting or failing to update income-driven repayment plans including the most accessible plan Revised Pay As You Earn or REPAYE.
Simplify rules for the borrower defense program.
Borrower defense claims are filed by students who were defrauded or misled by their schools. New rules would establish clearer standards for the types of misconduct under which a borrower could file a claim including: aggressive and deceptive recruitment practices; substantial misrepresentations; substantial omissions of fact; breaches of contract; state or federal judgments or final Department of Education actions.
Colleges would be on the hook to cover discharge costs. But borrowers won’t have to wait for the recoupment process to complete before they receive a discharge.
Allow for group applications instead of individual applications. And create a clear process to form groups of borrowers.
Create a reconsideration process for borrowers whose claims are not approved for a full discharge.
Improve arbitration access and transparency.
Schools would no longer be able to require students to sign mandatory pre-dispute arbitration agreements or class action waivers.
Prohibit colleges from requiring students to enter into an internal dispute resolution process before making a complaint to the college’s accreditor or government agency.
Require colleges to be more transparent including disclosing the use of arbitration and provide records connected to borrower defense claims.
Require a centralized database of arbitral and judicial records that relate to borrower defense claims.
Expand Public Service Loan Forgiveness eligibility.
Allow more payments to qualify including lump-sum, partial payments and late payments.
Count months of “nonpayment” during certain types of pauses including administrative forbearances when the department processes paperwork; cancer treatment deferment; economic hardship deferment; and military service deferments.
Create a reconsideration process for denied applications.
Clarify the definition of a qualifying employer.
Better define full-time employment as a 30-hour work week.
Broaden access to Total and Permanent Disability Discharge
Allow for more disability statuses (as recognized by the Social Security Administration) to qualify.
Eliminate the three-year monitoring period that tracks a borrowers’ income after they get their loans discharged. The department says this monitoring has been the cause of half of all TPD discharges being reinstated.
Allow for automatic TPD discharge “wherever the Department is able to do so.” It is unclear when this would be.
Speed up automated closed school discharge. Shorten the period for automatic discharge from three years to one year of a school’s closure. This rule would only apply to borrowers still enrolled 180 days before closure and would not apply to borrowers who complete a teach out elsewhere.
Streamline false certification discharge. Borrowers are eligible for discharges when a college falsely certifies that a borrower is eligible for loans when they actually are not. This rule would allow for expanding documentation allowed, clarifying dates when a borrower would receive discharge and allow for group claims.
Pell Grant increases
The 2023 federal budget raises the Pell Grant maximum by $500, bringing the annual limit to $7,395 for the 2022-23 academic year.
Revised income-driven repayment
Biden proposed a new IDR plan that would cap repayment for undergraduate student loans at 5% of discretionary income.
A new PSLF
Biden unveiled a plan to expand Public Service Loan Forgiveness (PSLF) program to borrowers who worked at a nonprofit, in the military, or in federal, state, tribal, or local government. The change would allow these borrowers to receive appropriate credit toward loan forgiveness.
More cost and performance transparency from colleges
The College Transparency Act builds on the current data available from the College Scorecard. It would establish a data system that provides information about college student enrollment, progression, completion and postgraduate outcomes, along with higher education costs and financial aid.
Recent court rulings suggest some of the strict standards for getting student loans discharged in bankruptcy could be easing. Student loan discharge through bankruptcy is challenging because borrowers must prove their debt proves an “undue hardship” (known as the “Brunner test”). Sometimes private student loan borrowers are successful, but it almost never happens for federal student loan borrowers.
The Department of Education in February announced it would withdraw its appeal of a bankruptcy decision that would discharge $100,000 in student loans for a man whose medical condition made it difficult for him to hold down a job to repay his debt. The department has also indicated it is reviewing bankruptcy standards.
There’s also a income-driven repayment waiver available through May 2023 that would cut through some of the red tape — at least for the next year — that led to high denial rates for loan forgiveness under the program.
Under the limited waiver, a broader set of loan types and repayment plans will be eligible for PSLF including past payments on FFEL or Perkins loans, late payments and payments made on previously non-qualifying repayment plans. Additionally, members of the military with federal student loans will also have any time spent in active duty count toward PSLF, regardless of whether payments were made during that time.
Borrowers must consolidate their loans into a direct loan and submit a PSLF form before Oct. 31 to benefit from the limited waiver.
As a result of the limited waiver, the Education Department estimates that 22,000 borrowers will automatically become eligible to have their loans discharged, and another 27,000 could as well if they certify their employment history. Overall, this could result in over $4.5 billion of loan forgiveness.
On Feb. 18, the Consumer Financial Protection Bureau said it would be stepping up its oversight of how servicers are implementing the waiver. The bureau said it had found "servicers made deceptive statements to borrowers about their ability to become eligible for PSLF." If you are having difficulty receiving the help you need from your servicer, you can make a complaint to the CFPB.
Biden proposed making the changes under the PSLF waiver permanent as part of his Aug. 24 student loan forgiveness announcement.
Reconsideration for PSLF applications
Beginning April 2022, borrowers whose applications were rejected for PSLF and Temporary Expanded PSLF can request a reconsideration online at studentaid.gov. Anyone who thinks their application should be reconsidered can submit a request.
You can submit one or more reconsideration requests of your application to certify employment or payment determinations. You won't need to provide more documentation with your request, but you might have to provide more information following its review. There was no deadline provided.
You still must meet payment and employment requirements under the law, which includes the current waiver that would count previously ineligible payments.
To figure out if you need a reconsideration of your employer, you can use the PSLF Help Tool. If your employer isn’t eligible, consider supplying documentation as to why the not-for-profit organization you work for should qualify.
Federal Student Aid did not indicate how long it would take to review each submission. Make sure your studentaid.gov account has the most up-to-date contact information so you can receive correspondence. More information about reconsideration of payment counts and employer qualifications are available on the student aid site.
Streamlined student loan services
Biden issued an executive order on Dec. 13 instructing multiple government agencies, including the Department of Education, to make updates to improve the delivery of government services. Details are still emerging, but borrowers can expect these changes:
A single repayment portal. Student loan borrowers with direct loans will be able to use one site to apply for, manage and repay their loans: studentaid.gov. Anyone who applies for federal student aid, including loans, has an FSA ID to log in to their account. Servicers are still managing loans, but borrowers can now make payments on the studentaid.gov site.
A streamlined Public Service Loan Forgiveness application. Federal student loan borrowers who are eligible for loan forgiveness can apply for the program with less paperwork or without having to fill out forms with information they already completed in the past. Details on what this streamlined application process might look like are as yet unclear.
Recommendations for other benefits and services. Students and student loan borrowers can receive relevant information about benefits and support services they may qualify for, such as subsidies for health care, broadband internet service support and food assistance. It's unclear how these recommendations will be delivered.
Student loan servicer changes
Shifts are happening among student loan servicers, the private companies that manage federal student loans. Federal student loan servicers like FedLoan, Navient, GSMR and Cornerstone have left the space. That means your loans could change hands. Multiple loan servicers will be taking on the FedLoan portfolio including MOHELA, Aidvantage (formerly Navient), Edfinancial and Nelnet. But only MOHELA will be managing the PSLF program.
If you’re not sure who your loan servicer is, log in to studentaid.gov and find out. You can also get in touch with all of the loan servicer contact centers by calling 1-800-4-FED-AID.
Payments restart 2023
The ongoing forbearance period now ends as late as this summer, depending on the outcome of several lawsuits. Borrowers with federal student loans should begin making plans soon to ensure they’re prepared for when payments restart in 2023.
If you’re unsure whether you’ll be able to afford your student loan payments later this year, start setting aside your monthly student loan payment now to see if you can work it into your budget.
All collections activities through the Treasury offset program on federal student loans in default are suspended until after the payment pause ends, which includes the withholding of 2021 tax refunds, the child tax credit or Social Security benefits.
Through Feb. 28, 2023, you can temporarily self-report income when applying for or recertifying an income-driven repayment plan, according to the Education Department. That means you don't have to submit tax documentation when you submit an IDR application online. The Student Loan Servicing Alliance confirmed in December that borrowers may also self-certify by phone.
Borrowers with questions about their loans or those in special circumstances should contact their servicer prior forbearance ending to ensure a smooth restart to payments.
A fresh start for student loan borrowers in default
When student loan payments restart, all federal loan borrowers with loans in delinquency or default can get a “fresh start,” the education department announced Aug. 18. That means these borrowers will once again have access to income-driven repayment plans, Public Service Loan Forgiveness and will no longer face collections fees and other consequences of default. You will not have to consolidate, rehabilitate or come up with a lump sum of cash in order to get out of default under the initiative. You just need to make a call and pay the agreed-upon monthly amount under one of the income-driven options available.
To enroll, visit myeddebt.ed.gov, contact your individual loan holder, or call the Default Resolution Group at 1-800-621-3115.
Income-driven repayment fixes
Millions of borrowers are expected to benefit from one-time fixes that count past payments toward the 240 or 300 needed to qualify for income driven repayment forgiveness, the Department of Education announced on April 19. The fixes are also expected to cancel debt for at least 40,000 borrowers through Public Service Loan Forgiveness.
In 2023, federal student aid will also start displaying income-driven repayment payment counts on StudentAid.gov when borrowers log into their accounts. A one-time adjustment will allow more payments and months spent in deferment and forbearance to count toward income-driven repayment forgiveness moving forward.
Additionally, a new income-driven plan that calculates payments at a lower rate against a smaller amount of income is in the works. The new IDR plan is expected to cut payments by half or more for borrowers on a path toward forgiveness.
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