You can request a Treasury offset refund whether your tax
refund has already been taken or is pending. There isn’t a time
limit on making the request, but you should act as quickly as
possible. There are some limitations, however.
Your living expenses, income, and medical bills are not considered as an extreme financial hardship. There are some situations in which you can get back your
tax refund, including:
-
The student loan was discharged in bankruptcy.
-
You’ve filed for bankruptcy and the case is still open, in which case you will probably have to surrender the refund to the US Trustee for distribution to your creditors.
-
You’ve repaid the loan.
-
Someone else’s loan shows up under your name because the Social Security number attached was incorrect.
-
You’ve entered into a repayment agreement with the Department of Education and have started making payments as required.
-
You’re totally and permanently disabled.
-
The loan isn’t enforceable.
If any of these apply, you’ll need to complete a
student loan tax offset hardship refund form and provide proof of your
hardship. You should contact the Treasury Offset Program at
800-304-3107 for more information.
