Grillo Law Firm Grillo Law Firm 2026-09-17T13:38:26Z https://www.grillolawms.com/feed/atom/ WordPress /wp-content/uploads/sites/1103297/2020/10/cropped-Grillo-Law-Firm-Logo-32x32.png On Behalf of Grillo Law Firm <![CDATA[Which family members can receive benefits from your SSDI record?]]> https://www.grillolawms.com/?p=256757 2026-09-17T13:38:26Z 2026-09-17T13:38:26Z Spouses Your spouse may qualify for benefits if they are 62 years old and above, or if they care for your child who is younger than 16 or has a qualifying disability. In general, Social Security also requires you to have been married for at least a year, although exceptions can apply. Certain divorced spouses may also receive benefits based on your work record. Generally, the former spouse must still be unmarried, reach the age of 62 and have been married to you for 10 years or more.

Children

Your unmarried child may qualify if they are younger than 18. Benefits can continue through age 19 if your child remains a full-time student up to secondary school. An adult child may also qualify if they have a disability that began before age 22 and they meet Social Security's definition of disability. The condition does not necessarily need a formal diagnosis before they turned 22. What matters for this benefit category is showing that the disability began before your child reached that age. Social Security refers to these as Disabled Adult Child, or DAC, benefits.

Other qualifying family members

Certain adopted children, stepchildren, grandchildren and step-grandchildren may also qualify under specific circumstances. Eligibility depends on the family relationship and other requirements, so not every relative will qualify.

Family benefit limits

Your family members' benefits may face a limit based on your work record. Social Security applies a family maximum to the total benefits payable to certain relatives. As a result, the amount each person receives can change when multiple family members qualify.

Check whether your family qualifies

Your SSDI record may provide benefits for more than just you, particularly if you support a spouse or children. If you receive or plan to apply for SSDI, reviewing your family's circumstances with an attorney can help you identify relatives who may qualify and understand how the family maximum could affect their benefits.]]> On Behalf of Grillo Law Firm <![CDATA[What documents do you typically need to file for bankruptcy?]]> https://www.grillolawms.com/?p=256749 2026-08-13T14:43:46Z 2026-08-13T14:43:46Z Income and tax documents These records establish your sources of income and provide information needed to complete portions of your bankruptcy paperwork. They may include:
  • Recent pay stubs or other proof of employment income
  • Federal tax returns or tax transcripts
  • Records of benefits, pension payments or other regular income
Federal bankruptcy law generally requires you to provide evidence of payments you received from an employer during the 60 days before filing. You also must provide the trustee with your most recent federal tax return or a transcript of it.

Debt and creditor documents

These records identify your creditors, the amounts you owe and the types of debt involved. You may need:
  • Credit card statements
  • Medical bills
  • Personal and other loan statements
  • Collection letters and other creditor notices
  • Information showing current balances and account numbers
Leaving a creditor off your paperwork can create complications later, particularly if you expect the case to address that debt. Make sure your list includes obligations that have already gone to collections or are the subject of a lawsuit.

Property and financial account documents

These records help establish the assets and accounts that you need to disclose as part of your case. Depending on your circumstances, gather:
  • Bank and other account statements
  • Mortgage and vehicle loan information
  • Records for your home, vehicle and other valuable property
  • Retirement account information
If you overlook an account or property, you could provide an incomplete account of your assets. That omission can create questions during the bankruptcy process and may affect how the trustee handles your case.

Household expense records

These records show what it costs to support your household each month. They may include:
  • Housing and utility costs
  • Food and transportation expenses
  • Medical costs
  • Other recurring household expenses
Your current income and expenses appear in the bankruptcy schedules, so recent records can help you account for the costs you regularly incur rather than relying on estimates or outdated figures.

Records of recent financial activity

Some recent transactions require additional information when you file. These may include:
  • Significant payments
  • Property transfers
  • Other transactions involving your finances
The Statement of Financial Affairs asks about certain aspects of your recent financial history. Having records of these transactions can help you provide accurate explanations if the trustee asks about a payment, transfer or other unusual activity.

Make sure nothing important is missing

Before filing, review your records for gaps in the information you will provide. If you cannot find a particular record or are unsure whether a transaction needs to be disclosed, discussing the issue with an attorney before filing can help you address it before it affects your case.]]> On Behalf of Grillo Law Firm <![CDATA[How often does Social Security review disability benefits?]]> https://www.grillolawms.com/?p=256746 2026-07-07T16:00:28Z 2026-07-07T16:00:28Z Reviews for conditions expected to improve If your medical condition is expected to improve, Social Security will likely review your case more often. In many cases, the SSA schedules a review within several months to a few years after approving your benefits. The agency checks whether your condition has improved enough for you to return to work under its disability rules.

Reviews for conditions that may improve

Some medical conditions improve over time, but the outcome remains uncertain. In those situations, the SSA usually schedules reviews every few years instead of every year. The exact timing depends on your medical records and the expected changes with your condition.

Reviews for long-term conditions

Long-lasting or permanent conditions usually lead to fewer reviews. The SSA often waits several years between reviews because significant improvement is unlikely. Even so, continuing disability reviews remain part of the program.

Stay prepared whenever a review comes

You cannot choose when the SSA reviews your claim, but you can prepare ahead of time. Continue receiving appropriate medical care when possible, keep your treatment records up to date and respond promptly to requests for information. If questions arise during a review, seeking legal guidance can help you protect your benefits and know what your next steps are.]]> On Behalf of Grillo Law Firm <![CDATA[Can bankruptcy stop wage garnishment in Mississippi?]]> https://www.grillolawms.com/?p=256744 2026-06-18T19:00:19Z 2026-06-18T19:00:19Z Yes, filing for bankruptcy stops garnishment immediately Filing for bankruptcy triggers a federal protection known as the automatic stay. This protection legally halts most collection actions against you, including wage garnishment. Assuming you are filing for the first time and have not had a recent bankruptcy dismissed, your creditors must stop collection efforts once the stay is in place. In Mississippi, creditors can garnish up to 25% of your disposable earnings. Once the automatic stay is in place, that withholding stops and your employer is required to cease the deductions.

Chapter 7 and Chapter 13 stop garnishment differently

Whether you file for Chapter 7 or Chapter 13, the automatic stay typically takes effect and stops garnishment once the court processes the notice. Both can provide immediate relief, but they work differently.
  • Chapter 7: Can eliminate many standard unsecured debts, such as eligible credit card balances, medical bills and personal loans, so the garnishment has no legal basis to return
  • Chapter 13: Sets up a structured repayment plan over three to five years, allowing you to catch up on what you owe while keeping your income protected throughout the process
The right choice depends on your income, the type of debt you owe and your long-term financial goals.

Not all garnishments qualify for bankruptcy protection

Bankruptcy does not stop all garnishments. Deductions for child support and alimony continue regardless of a bankruptcy filing, as these are considered domestic support obligations under federal law. Certain tax garnishments may also continue depending on the circumstances. If you are facing wage garnishment in Mississippi and want to understand which option makes sense for your situation, you may consider speaking with a bankruptcy attorney as a first step. An experienced legal counsel can review your full financial picture, explain which chapter you qualify for and help you avoid mistakes that could delay relief or affect your case.  ]]> On Behalf of Grillo Law Firm <![CDATA[Can I receive both SSI and SSDI benefits at the same time?]]> https://www.grillolawms.com/?p=256742 2026-05-26T15:54:05Z 2026-05-26T15:54:05Z If a severe medical condition leaves you unable to work, you may be wondering how to cover basic needs like food and shelter. You have likely heard of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), but you may not know that you do not always have to choose between them.  In Mississippi, receiving both types of assistance at the same time is possible. This arrangement is known as concurrent benefits.

What sets SSI and SSDI apart

Both programs support people with disabilities, but they work differently. SSDI is an insurance program funded through payroll taxes. To qualify, you need enough work credits, which generally means working and paying taxes for at least five of the ten years leading up to your disability.  SSI is a needs-based program with no work history requirement. Instead, it is limited to individuals with low income and assets. To qualify, you cannot own more than $2,000 in countable resources as an individual, or $3,000 as a married couple.

Who qualifies for concurrent benefits?

Concurrent benefits typically apply when your SSDI payment is low. This can happen if you had lower lifetime earnings or if your disability began before you had time to build significant work credits. If your monthly SSDI benefit falls below the federal SSI limit, you may qualify for a supplemental SSI payment to help bridge the gap. 

How concurrent benefits affect your monthly payment

Receiving both benefits does not mean collecting two full checks. The government counts your monthly SSDI payment as unearned income and applies it against the SSI limit. For 2026, the maximum federal SSI payment is $994 per month. After a $20 general income exclusion, your SSI payment is reduced by whatever SSDI you receive. It is important to note that Mississippi is one of the states that does not offer a state supplement to increase your federal benefit baseline. 

When to seek professional guidance

Applying for both programs requires thorough documentation of your medical history and financial resources. A single error in how your income is reported can lead to a technical denial or delay your benefits by months.  If you are uncertain about how your income affects your eligibility, discussing your situation with a knowledgeable professional can clarify your options and protect your financial stability.   ]]> On Behalf of Grillo Law Firm <![CDATA[Chapter 11 can help Harrisburg businesses survive downturns]]> https://www.grillolawms.com/?p=256738 2026-05-18T19:21:20Z 2026-05-16T22:33:39Z How Chapter 11 can help business owners regain control Those running companies in Harrisburg might fall behind on their financial obligations after an illness forces them to halt operations or an uptick in material costs diminishes their profit margins. Chapter 11 bankruptcy staves off collection efforts, including creditor lawsuits and vehicle or machinery repossession efforts. When a business owner files for Chapter 11 bankruptcy, the courts grant them an automatic stay. Creditors must temporarily stop trying to collect on the organization’s debt until the courts resolve the bankruptcy filing. Certain debts may be eligible for discharge, including non-priority, unsecured debts, such as business credit card balances. Chapter 11 bankruptcy allows for the reorganization of the company. Instead of liquidating assets and closing down, Harrisburg business owners can close unprofitable locations, renegotiate financial obligations and take other steps to make the company profitable again. When successful, Chapter 11 bankruptcies allow people to protect their businesses and their reputations with vendors, lenders and other creditors. The process is relatively complex, especially when compared with the Chapter 7 bankruptcy process associated with asset liquidation and company dissolution. Experienced legal guidance is important for a successful Chapter 11 filing. Discussing current business challenges and long-term goals with an experienced bankruptcy attorney can help struggling local business owners take control of their finances and get their companies back out of the red.]]> On Behalf of Grillo Law Firm <![CDATA[Can Chapter 7 filers in Mississippi safeguard their vehicles?]]> https://www.grillolawms.com/?p=256736 2026-05-09T20:30:11Z 2026-05-09T20:30:11Z How much can filers protect? Bankruptcy exemptions allow filers to protect specific assets or the equity accrued in them. There are two distinct sets of bankruptcy exemptions enshrined in law. There are federal exemptions and then also exemptions established under Mississippi state statutes. Mississippi is an opt-out state, which means that filers only have the option of using state exemptions to protect their assets from liquidation. The tangible personal property exemption applies to cash, vehicles, household goods, clothing, books, animals, crops, trade-related tools, health aids and any other tangible personal assets worth less than $200 each. Vehicle equity represents the fair market value of a vehicle adjusted for any outstanding debt attached to the vehicle. Individual filers can exempt up to $10,000 in all the assets included under that category. In cases where married couples file jointly, the exemption doubles to allow for the protection of up to $20,000 of accumulated vehicle equity. People with financed vehicles and those with older vehicles may have low enough vehicle equity to fully bypass liquidation requirements. If those considering a Chapter 7 bankruptcy have more vehicle equity than they can protect, they may be subject to liquidation efforts that affect what they owe on their vehicles. Reviewing personal resources with a skilled legal teamcan help those considering a Chapter 7 bankruptcy optimize their use of state exemptions and protect their most valuable resources. Vehicle equity is a common concern, but many people can fully protect their vehicles with the right documentation.]]> On Behalf of Grillo Law Firm <![CDATA[Can I keep my disability benefits if I file for bankruptcy?]]> https://www.grillolawms.com/?p=256734 2026-05-04T09:48:30Z 2026-05-04T09:48:30Z If you are living on Social Security Disability and drowning in debt, you have probably asked yourself a scary question: “If I file for bankruptcy, will I lose the monthly check I depend on to survive?” The short answer is no. Federal law treats disability benefits as protected money, and bankruptcy courts have to respect that. But the full answer has a few wrinkles worth knowing before you file, because small mistakes with your bank account can cause big problems.

What federal law actually protects

Federal law gives your disability benefits some of the strongest safeguards available. Under Section 207 of the Social Security Act, the money paid to you through the program generally cannot be seized by creditors, garnished from your account or taken through bankruptcy proceedings when properly protected. The law generally puts your benefits off-limits from most creditors. That language covers both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Credit card companies cannot access your benefits. Medical debt collectors cannot claim them. And when you file for bankruptcy, the trustee generally cannot take them to pay creditors when the funds are properly identified and protected.

Why the means test works in your favor

Before filing Chapter 7, most people must pass a "means test" to show their income is low enough to qualify. The way the test treats disability benefits offers another layer of protection. Both SSDI and SSI are excluded from the income calculation the court uses for the means test. If disability income is your main source of money, you will likely qualify for Chapter 7 even when other applicants with the same dollar amount of wages would not. Chapter 13 applies the same protection to benefits. You are not required to use your disability income to pay creditors under a repayment plan, though you can choose to if it helps you keep a home or a car.

The bank account trap

Here is where people run into trouble. These safeguards apply to your benefits, but mixing those funds with other money in a bank account can make them harder to trace back to Social Security. If you deposit your disability check into the same account where you deposit a paycheck from a part-time job, a gift from family or a tax refund, a trustee may argue the funds are harder to clearly trace back to Social Security. The safest practice is simple: keep your disability benefits in a separate account, and let direct deposit create a clean paper trail.

What filing can do for you

Beyond protecting your benefits, bankruptcy offers something many disability recipients desperately need: the automatic stay. The moment you file your case, creditors must stop calling, mailing and suing. For people already worn down by harassment, that silence alone can feel like relief. Chapter 7 can wipe out most medical bills, credit card balances and personal loans within a few months. Chapter 13 reorganizes debt into a manageable payment plan, which can help save a home from foreclosure. Mississippi filers can also use state exemptions to protect certain property, such as home equity and vehicles, which affects how each debt relief path plays out.

What this means for you

Your disability check is not on the table. Federal law protects it, and a properly filed bankruptcy leaves those benefits exactly where they belong, in your hands. What bankruptcy can do is clear out the debts that your fixed income was never going to cover, giving you room to breathe again. The most important step is not waiting until the stress makes you feel trapped. Understanding your protections early means you can make a calm, informed decision rather than a panicked one.]]> On Behalf of Grillo Law Firm <![CDATA[Can you work while applying for SSDI benefits in Mississippi?]]> https://www.grillolawms.com/?p=256729 2026-03-19T09:22:23Z 2026-03-20T09:21:33Z Defining the 2026 SGA Qualifying for SSDI benefits means meeting the Substantial Gainful Activity (SGA) limit. For 2026, the SGA limit is $1,690 for non-blind applicants and $2,830 for those who are statutorily blind. If you earn more than these gross amounts, the SSA will likely issue a denial, regardless of the severity of your medical condition.

Staying under the limit with IRWEs

The SSA allows you to deduct Impairment-Related Work Expenses (IRWE) from your gross earnings. If you must pay for specialized transportation and medical devices to work, the SSA can subtract these from your total pay. This means you could technically earn more than the SGA limit and still remain eligible for benefits, provided your countable income remains below the threshold.

Working vs engaging in SGA

When applying for SSDI, you do not have to be completely bedridden to qualify. The law allows marginal work, which means your application can move forward if you work a few hours a week and your gross pay stays below the SGA limit. However, proceed with caution because the SSA might take a second look at your application if they see your work looks like it could be a full-time effort despite low pay.

Highlighting your onset date

In Mississippi, the Disability Determination Services (DDS) will review your file. They will scrutinize the exact date your disability began. If you continue working a stressful and high-paying job after the onset date, it can create a conflict in your medical narrative.

Advancing your application with help

While you can work part-time under the SGA limit, this could be used as evidence that you are not fully disabled. Before you resign from your position or submit your SSDI paperwork, consulting an experienced attorney would be wise. They can provide you with guidance for navigating the SSA’s strict regulations.]]> On Behalf of Grillo Law Firm <![CDATA[4 common mistakes that delay SSD approval]]> https://www.grillolawms.com/?p=256715 2026-02-16T15:24:23Z 2026-02-16T15:24:23Z Submitting incomplete or inconsistent information Leaving out details or submitting information that does not line up forces the agency to pause your case and sort through the discrepancies before moving your application forward. If you forget to list a treating provider, skip part of your work history or give dates that conflict with your medical records, someone must follow up to clarify those inconsistencies. Each follow-up request adds time, and even minor gaps can push your review weeks or months further.

Failing to provide strong medical documentation

Your medical records carry your case. When they lack depth or recent updates, the review slows down. SSA does not approve claims based on diagnoses alone. It looks for treatment notes, objective testing and clear explanations about how your condition limits your ability to work. If your file does not show those limitations in a consistent and current way, the agency may schedule additional exams or request more records, which extends the timeline.

Ignoring SSA requests or deadlines

When you do not respond promptly to letters or forms, your claim can stall almost immediately. The agency sets deadlines to keep your file active. Once you miss one, your case may move into a holding pattern or face a technical denial that forces you to take extra steps to fix it. Staying responsive keeps the process moving and prevents unnecessary setbacks.

Stopping medical treatment during review

A sudden break in treatment can raise doubts about how serious your condition remains. If your records stop while your claim stays pending and you do not have a documented reason, SSA may question whether your limitations continue at the same level. That uncertainty often leads to additional review instead of a faster decision.

Don’t let avoidable errors slow you down

You cannot control every part of the SSD process, but you can control how clearly and consistently your file presents your situation. When you keep your records current, respond promptly to every request and make sure your application tells a complete and accurate story, you reduce the risk of preventable delays. If you worry that something in your file could slow things down, speaking with a disability attorney can help make the road ahead less stressful.]]>