The statutory authority for Public Service Loan Forgiveness (PSLF) is clear, at 20 USC 1087e(m). Likewise, for ICR, IBR and PAYE. The regulations implemented PAYE early, before the 2014 effective date, but we are past that now. So, it would be very odd for the court to find any way to invalidate these programs. Most likely the appeals court will rule soon, and then the case will be taken to the U.S. Supreme Court either way. ED won’t make any moves because that would jeopardize their claim that the lawsuit harms borrowers, though it also sets up a sharp contrast between Democrats and Republicans ahead of the election.

The main risk is that former President Trump opposes PSLF, as does Project 2025. But, since PSLF is enacted in statute, it won’t happen if there is split control of Congress. Moreover, any changes are likely to apply only to new borrowers.

If you are concerned about this, you have a few options:

• Submit an application to switch into another income-driven repayment plan. That will take 90 days, but then you’d be able to complete PSLF with a slightly higher monthly payment.
• See if you can qualify for the economic hardship deferment, which should qualify for PSLF. See https://studentaid.gov/manage-loans/forgiveness-cancellation/public-service
• Switch into standard ten-year repayment, which counts toward PSLF.

I am at 117/120 for PSLF on SAVE. Forebearance through 10/31/2024, told that no IDR plan change requests will be processed and even when they do will take at least 90 business days. In addition, I’ve never seen anyone successfully execute a buy back. I don’t understand why the government can’t allow PSLF seekers to switch to the IBR plan as it is the most legally secure. I’m not aware that the ED is planning a temporary solution, most logical being reverting SAVE participants back to REPAYE, or alternatively IBR, but the paper applications in conjunction with a pause is not feasible, nor buy back. I have considered sending in a paper application, but don’t see the point, and will submit a buy back request on 11/1 but don’t think it will work. Afraid the ED won’t make any moves in fear of jeopardizing the election.