Presented by ProPublica

By Marian Wang — ProPublica

It was with some fanfare that the Obama admin­is­tration announced last fall that it was ramping up a program to help students with federal loans reduce their monthly payments. Under the program, payments are adjusted based on how much students earn — what’s known as income-based repayment.

Yet, even while the admin­is­tration has empha­sized easing the burden for student borrowers, some contractors with the Department of Education appear to be exac­er­bating it.

Bloomberg reported this week that some federally contracted debt collection agencies have been playing hardball with borrowers who are behind, insisting on payments the borrowers can’t afford — even when federal student-loan rules allow more leniency.

The debt collectors have an incentive to be tough. As Bloomberg explains:

Under Education Department contracts, collection companies “reha­bil­itate” a defaulted loan by getting a borrower to make nine payments in 10 months. If they succeed, they reap a jackpot: a commission equal to as much as 16 percent of the entire loan amount, or $3,200 on a $20,000 loan.

These companies receive that fee only if borrowers make a minimum payment of 0.75 percent to 1.25 percent of the loan each month, depending on its size. For example, a $20,000 loan would require payments of about $200 a month. If the payment falls below that figure, the collector receives an admin­is­trative fee of $150.

The Department of Education is trying to balance its interest in helping strug­gling borrowers and stew­arding taxpayer dollars, department spokesman Justin Hamilton told Bloomberg.

Striking that balance, it seems, hasn’t been easy. Consumer advo­cates chafed when Pres­ident Obama, as part of a deficit-reduction plan promoted last fall, recom­mended allowing debt collectors to robo-call the cell phones of borrowers who fell behind on federal student loans and other debts to the government.

That plan didn’t get far. But the measure resur­faced as a line item [PDF] in Obama’s proposed 2013 budget last month.

As Bloomberg noted, federal student-loan rules require that collectors work out “reasonable and affordable” payments with borrowers to get them back on track, but the rules don’t spell out how such a calcu­lation should be made. The Department of Education is meeting with key student-loan stake­holders this week to discuss, among other things , whether to use the income-based repayment formula to help set that standard. (As it stands, only borrowers who are current on their federal loans are eligible for help via income-based repayment.)

One thing that isn’t on the table at these rule-making meetings? A measure hailed by some advo­cates as poten­tially the single most important rule change for student borrowers who’ve become severely disabled and are seeking a discharge of their federal student loans. As we reported last year, the department initially pledged to overhaul the program and consider whether to simply accept Social Security deter­mi­na­tions of disability instead of its current complex and opaque process. The department subse­quently backed off that fix. Now it isn’t even on the agenda [PDF].

ProP­ublica

ProP­ublica is an inde­pendent, non-profit newsroom that produces inves­tigative jour­nalism in the public interest. Our work focuses exclu­sively on truly important stories, stories with “moral force.” We do this by producing jour­nalism that shines a light on exploitation of the weak by the strong and on the failures of those with power to vindicate the trust placed in them.

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