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DEC 13 1996

XX
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XX

Dear Mr. XX :

Your letter to President Clinton was forwarded to the


Disability Rights Section, Civil Rights Division, Department of
Justice. Your letter argues that your student loan lender should
be required to grant a deferment of your loan payments because
you have a disability.

The Disability Rights Section enforces title III of the


Americans with Disabilities Act (ADA), which prohibits
discrimination on the basis of disability by places of public
accommodation, including banks. Covered entities must make
reasonable modifications to their policies, practices, and
procedures when necessary to avoid discrimination on the basis of
disability. However, modifications are not required if they will
fundamentally alter the nature of the service provided.

A lender must grant deferments to people with disabilities


on the same basis as it grants them to people without
disabilities. A lender may not use a person's disability as a
basis for refusing a deferment that the person is otherwise
qualified to receive. In addition, a lender may be required to
make reasonable modifications to its deferment policies in order
to ensure that people with disabilities have equal access to
deferments. However, the ADA does not require a lender to grant
deferments on the basis of disability. To require a lender to
forego repayment of money loaned indefinitely would likely
constitute a fundamental alteration of the lender's loan program.

If your student loan was guaranteed by the Federal


government, you may wish to contact the U.S. Department of
Education to determine the options available to you.

cc: Records, Chrono, Wodatch, McDowney, Hill, FOIA


n:\udd\hille\policylt\XX .ltr\sc. young-parran

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I hope this information is useful to you.

Sincerely,

John L. Wodatch
Chief
Disability Rights Section

01-04365

From XX Wed Oct 2 12:09:15 1996


Date: Wed, 02 Oct 1996 12:08:24 -0400
Subject: White House Forum E-Mail
To: president@WhiteHouse.GOV
Message-id: XX

Field 1 = XX
XX
XX

Field 2 = Dear Mr. President.

During all our Nations concerns on crime and protection for the criminals
rights, I would like to ask this question? What about the VICTOMS RIGHTS!!
Two and a half years ago 5-28-94 to be exact, I became a victom of a violent
crime. I was shot at point blank range by a 357 magnum pistol. the most
shocking point is, I was shot in the HEAD. The bullet entered my lower left
side of my neck under the jawbone. 1/4 in. from jugular traveled through the
roof of my mouth, sinuses, and out my right temple. The bone from my mouth
tore out my right eye. so now Im blind there. My point is that as far as I
know I am one out of 60 million t ever survive such a magnitude of injury and
still function okay mentally. the gun was a semi-automatic. Why am i telling
you this you might ask, well so far I cant get anyone to listen to my story
of survival and trials of pain. during the last 2 years I have been denied
benefits jobs and government help. Why. I was denied help from a CA. agency
called victims of violent crime due to i complained to my state legislator
about there treatment of my case. I tryied to get in touch with this
departments supervisor but to no avail. So I called my representative. case
was put on hold for nine months then turned down because i didnt press
charges. YEAH right against who was i supposed to do that to. THE officer
lied and give a correct police report much less icant get a copy of my taped
testimony from them that will show I was telling the truth. and that hes
lying. This all started because the person handling my case wasnt doing her
job. I notice that a lot lately, most state agency workers just dont want to
take the time to investigate your needs so they brush you off for an easier
case. I cant even get a lawyer to help due to there is no money involved for
them. Federal law took away my job because im blind but when I applied for
benifits under this law so I can go back to school and learn a new
profession. Ihad to pay a lawyer to get the benifits I should of gotten
anyway. Im studying environmental science now thanks to you and your federal
courts that listened and gave me my chance to go back to school and be a
productive citizen again. I believe you need to set up an agency to regulate
companies that handle student loans for my old ones in default because of
company greed... I applied for defferment of payments once when i got laid
off a couple of years ago and no problem, butr when i applied for defferment
due to disability I when through all kinds of hell and denied that right. I
sent them certified copies faxes etc. and they never processed them. they
defaulted my student loan as if i never applied for it. The biggest case i
Have is this and its so simple. if i never contaced them then why do they

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have my coreect address after i moved nuch less my reciepts of requests. I


would like to speak out as a victom. please help..
even though i was shot with a gun i believe its not the laws of our nation
that are correcting our problem. criminals will get them anyway no matter how
many laws we pass, although to make assult weapons or semi auto pistols of
357 magnum range for5 sell to the public is rediculous..

sincerly thankyou XX

01-04367

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