Grillo Law FirmGrillo Law Firm2024-03-25T14:17:02Zhttps://www.grillolawms.com/feed/atom/WordPress/wp-content/uploads/sites/1103297/2020/10/cropped-Grillo-Law-Firm-Logo-32x32.pngOn Behalf of Grillo Law Firmhttps://www.grillolawms.com/?p=2565822024-03-25T14:17:02Z2024-03-25T14:17:02ZAppeals can take months or more than a year
How long it takes to appeal a determination about SSDI benefits largely depends on the type of appeal someone has to pursue. The first stage in the SSDI appeals process is a reconsideration. An employee at the SSA who did not review the initial application goes over the initial application, any corrections the applicant makes and any supplemental medical records that might help prove that an applicant meets the necessary standard for SSDI benefits.
Reconsideration may take only a few weeks in some cases and does occasionally lead to the approval of the claim previously denied by the SSA. If the applicant must present their case to an administrative law judge, then the appeals process is likely to take substantially longer. People have to wait until there is a hearing available, which can take months depending on the jurisdiction.
Currently, the Harrisburg SSA office reports an average wait time of 10 months. The benefits of a hearing in front of an administrative law judge include the ability to present evidence and possibly even the ability to have medical experts testify.
In rare scenarios where a hearing is not successful but an applicant wants to continue the appeals process, it may take substantially longer to secure a chance to present the case to the Appeals Council or to qualify for an appeal in Federal District Court.
Those applying for SSDI benefits often need to have a plan in place in case they do not receive timely approval and must navigate an appeal. Understanding the timeline for SSDI appeals and understanding the importance of responding to an unfavorable determination may benefit those in need of SSDI benefits but who are not yet eligible according to the SSA. Applicants who know what to expect during appeals may find it easier to obtain the benefits that they require.]]>On Behalf of Grillo Law Firmhttps://www.grillolawms.com/?p=2565802024-03-16T00:53:56Z2024-03-16T00:53:56ZA minority of people receive immediate approval
The SSA does not actually deny all applicants. In fact, the organization has programs in place to identify those who require fast-track processing due to progressive and terminal conditions. Hundreds of thousands of applicants every year receive SSDI benefits after developing disabling medical conditions.
The majority of applicants, however, do receive negative news after their initial application. A review of SSDI application outcomes between 2010 and 2019 shows that just over one in five people when they initially apply. That decade saw an average approval rate of 21% at the initial application stage. Approximately another 10% of applicants each year secure benefits through the appeals process.
Overall, that means that approximately one in three SSDI applicants eventually secures benefits. The approve process could potentially take more than a year, but those who prevail when they appeal can sometimes qualify for backdated benefits.
Understanding what happens during SSDI applications may help people make better choices when they need to apply. Those struggling with medical challenges may benefit from talking about their situation with someone familiar with SSDI applications and appeals.]]>On Behalf of Grillo Law Firmhttps://www.grillolawms.com/?p=2565782024-02-16T14:28:07Z2024-02-16T14:28:07ZYou may face some questions
The bankruptcy process is ultimately designed to be fair to both debtors and creditors. As such, creditors do have a chance to contest (through an adversary proceeding) the dismissal of some of your debts if they believe that you should still have to pay for certain purchases.
One of the most common reasons that this can occur is when large purchases or purchases of luxury items are made shortly before a consumer files for bankruptcy protection. In general, any new debts you took on within 90 days of filing for Chapter 7 that total more than $675 to one creditor can be suspect. (If fraud is ultimately suspected, then the trustee can actually go back as far as deemed necessary.)
What does this mean for you? It all depends on your situation. If you bought a few presents for your family (or yourself) during the holiday rush and have made payments on them, the trustee may not find that an issue – especially if you offer a reasonable explanation about how your circumstances have changed since then.
If you haven’t made any payments or can’t explain how you had intended to pay the bill to the trustee’s satisfaction, then those debts might not be dischargeable. That does not mean, however, that the rest of your debts, as allowed, cannot be discharged or that your entire petition will be denied.
When you’re worried about specific issues, the smartest thing you can do is to seek legal guidance that is tailored to your situation.]]>On Behalf of Grillo Law Firmhttps://www.grillolawms.com/?p=2565752024-02-10T18:46:07Z2024-02-10T18:46:07ZApplication process
The process of applying for SSDI involves several steps; to begin, applicants need to gather essential documents to support their claims, such as medical records, employment history and tax returns. The SSA offers an online application process and the option to apply in person or over the phone. It's essential to provide accurate and detailed information to help avoid delays in processing.
Upon receiving the application, the SSA will review the medical evidence provided to assess the severity of the applicant's disability. In some cases, additional medical evaluations may be required.
After reviewing all the evidence, the SSA will make a decision regarding the applicant's eligibility for SSDI benefits. This process can take several months, and applicants have the right to appeal if their claim is denied.
Common mistakes to avoid during application
When applying for SSDI, it's crucial to avoid common mistakes that could potentially jeopardize eligibility or delay the approval process. For starters, providing incomplete or inaccurate information on an application can lead to delays or denial of benefits. It's essential to double-check all forms and documents to ascertain they are filled out correctly and completely.
Another critical factor in determining SSDI eligibility is the presence of medical evidence supporting the disability claim. Failing to provide sufficient medical documentation can result in a denial of benefits. Gathering all relevant medical records and reports to support a case is crucial.
Missing deadlines during the application process can also have serious consequences. Whether submitting required documents or appealing a denial, it's essential to adhere to all deadlines set by the SSA to avoid unnecessary delays or loss of benefits.
Applying for SSDI can be overwhelming, but understanding the requirements and avoiding common mistakes can increase the chances of a successful application. For more information and assistance with your SSDI application, individuals can consider consulting with an experienced legal team that can provide personalized support throughout the process.]]>On Behalf of Grillo Law Firmhttps://www.grillolawms.com/?p=2565732024-01-18T19:33:02Z2024-01-18T19:33:02ZPreventing unscrupulous debt collection
The automatic stay prevents unscrupulous or aggressive debt collection practices by halting collection efforts. Creditors and collection agencies are prohibited from initiating or continuing lawsuits, making written requests for payment or making phone calls demanding payments. This provision ensures that all creditors are treated fairly and that one creditor doesn’t gain an advantage over others in the case.
Impact on garnishments
The automatic stay immediately stops most wage garnishments. This means creditors can’t continue deducting money from the debtor's paycheck once the bankruptcy petition is filed. This provision can provide significant financial relief to debtors struggling with reduced income due to garnishment.
Effects on foreclosures and evictions
In foreclosure cases, the automatic stay can temporarily halt the process, giving the debtor time to catch up on overdue payments or seek alternative solutions. However, it's important to note that the stay may not stop an eviction proceeding if the landlord already has a judgment of possession before a bankruptcy case is filed.
Utility disconnections
The automatic stay can also prevent utility disconnections for a certain period. Suppose the debtor is behind on utility bills and facing disconnection. In that case, the stay can provide temporary protection, ensuring that essential services like electricity, gas, water and telephone remain connected while their bankruptcy case is pending.
The automatic stay is only one benefit of filing for bankruptcy. Anyone filing should ensure they’re working with someone who understands their circumstances and can help them understand their responsibilities and what to expect once they file.]]>On Behalf of Grillo Law Firmhttps://www.grillolawms.com/?p=2565712023-12-28T13:46:02Z2023-12-28T13:46:02Zconditions that qualify for benefits can make this process less stressful.
The Social Security Administration (SSA) has a comprehensive list of conditions that its recognizes as disabilities. Suppose you have any of the conditions outlined in that list; there is a good chance of your disability claim being approved, provided that you meet all of the criteria necessary for this coverage and can prove the debilitating nature of your condition to the extent that it means that you can no longer work.
Musculoskeletal disorders
Musculoskeletal disorders encompass a range of conditions affecting the muscles, bones, joints, ligaments and tendons. Individuals suffering from severe musculoskeletal impairments often face challenges in performing daily activities and maintaining gainful employment.
The two main qualifying conditions under this category are rheumatoid arthritis and degenerative disc disease. Rheumatoid arthritis is an autoimmune condition that can lead to debilitating joint pain, stiffness and swelling. Individuals with severe cases may find it challenging to engage in sustained work activities. Conversely, degenerative disc disease involves the deterioration of spinal discs, causing chronic pain, limited mobility and, in severe cases, difficulty maintaining employment.
Mental health disorders
Mental health disorders are increasingly recognized as valid reasons for SSDI claims. The stigma surrounding mental health is diminishing, allowing individuals to seek the support they need. The main qualifying conditions are major depressive disorders and Post-Traumatic Stress Disorder (PTSD).
Major depressive disorder affects millions, impacting daily functioning. Individuals with persistent depressive symptoms that hinder work may be eligible for SSDI. PTSD, often stemming from traumatic experiences, can severely disrupt an individual’s ability to maintain consistent employment. SSDI may be an option for those struggling with associated challenges.
Neurological disorders
Neurological disorders can have a devastating impact on an individual’s cognitive and physical abilities. Some conditions progressively worsen over time, making employment increasingly difficult. For instance, MS is a chronic autoimmune disease affecting the central nervous system. As symptoms worsen, individuals may struggle with balance, coordination and cognitive functions. There’s also epilepsy, characterized by recurrent seizures, which can pose significant barriers to maintaining consistent employment. Individuals with uncontrolled seizures may be eligible for SSDI.
Understanding the specific conditions that qualify for Social Security Disability Insurance is crucial for individuals seeking financial assistance due to disability. For detailed and personalized guidance, it is advisable for applicants to work with a legal team who can help with the application process.]]>On Behalf of Grillo Law Firmhttps://www.grillolawms.com/?p=2565692023-12-19T11:47:58Z2023-12-19T11:47:58ZPeople can appeal
The Social Security Administration (SSA) processes many benefits claims every day, and sometimes the workers at the organization make mistakes. They deny claims from applicants who have qualifying conditions and who truly cannot support themselves anymore. Those individuals may need to initiate an appeal. The SSDI appeals process begins with a reconsideration. Workers at the SSA who did not review the initial application can look over someone's application and any corrected paperwork or additional evidence they submitted after their rejection. Sometimes, reconsideration leads to people getting benefits.
Other times, Mississippi applicants can request a hearing in front of an administrative law judge. A judge can review someone's claim and may even hear testimony from experts before determining whether or not someone should receive benefits. Hearings can potentially lead to someone receiving benefits in the future. They can also receive backdated benefits in a lump sum to compensate them for the months they went without SSDI benefits during their appeal. Those back-dated benefits are one reason why it is usually preferable to appeal rather than to reapply after a denied SSDI benefits claim.
The average person struggling with a debilitating medical condition does not have the energy to learn as much as may be necessary to successfully appeal an SSDI benefits denial. Learning the basics and getting the right support by seeking legal guidance can make all the difference for those who are coping with a disabling medical condition and worried about their finances.]]>On Behalf of Grillo Law Firmhttps://www.grillolawms.com/?p=2565672023-11-15T19:44:08Z2023-11-15T19:44:08ZThe automatic stay can be a major help
There are many ways that bankruptcy can benefit those struggling to meet their financial obligations. One of the most important benefits of bankruptcy is the automatic stay. The courts send notice to the credit bureaus the same day that someone files their paperwork. Creditors, including mortgage companies and lenders providing vehicle financing, will have to temporarily halt all collection activity. That will include foreclosure and repossession efforts. The temporary cessation of collection activity can give someone an opportunity to rework their budget and potentially catch up on what they have missed.
Bankruptcy can help people renegotiate
Lenders worried about taking a loss on a loan will often cooperate with someone going through bankruptcy. They may agree to change some of the terms for a mortgage or vehicle loan. In fact, if someone files a Chapter 13 bankruptcy, reworking financial obligations is a standard part of the process. People may be able to reduce their monthly payments, change the interest rate on the loan or even move the missed payments to the end of the loan instead of needing to pay them all at once to bring the account back into good standing. Any of those changes could help someone avoid repossession or foreclosure.
Finally, being able to discharge other debts can make it easier for someone to work large monthly payments for a vehicle or a home into their budgets. For these and a number of other reasons, seeking legal guidance to learn more about bankruptcy can help those worried about the loss of their most valuable assets due to short-term financial challenges.]]>On Behalf of Grillo Law Firmhttps://www.grillolawms.com/?p=2565612023-10-17T00:24:21Z2023-10-17T00:24:21ZHow long does bankruptcy impact someone's credit score?
A bankruptcy will instantly drag down someone's credit rating, often by more than 200 points. Lenders will typically freeze or close lines of credit in response to a bankruptcy filing to avoid a situation in which someone continues adding to a balance with no intention of repaying what they owe.
Most people who successfully complete the bankruptcy process will become eligible for credit cards within a few months of their discharge. Better credit opportunities will arise after a few years at most, provided that filers begin rebuilding their credit as soon as possible.
Of course, the credit offers that someone will receive after a bankruptcy won't be quite as generous as the credit offers made to those with no bankruptcy on their record. Thankfully, the credit bureaus can only report the bankruptcy for a set amount of time. A Chapter 7 bankruptcy will come off of someone's credit report after 10 years. A Chapter 13 bankruptcy will only show up on someone's credit report for seven years after their discharge.
At that point, someone's bankruptcy will no longer influence their ability to secure lines of credit or the terms that lenders offer them. Those who seek new lines of credit as soon as possible after a discharge may have an easier time rebuilding their credit than those who refuse to use credit at all after a bankruptcy filing.]]>On Behalf of Grillo Law Firmhttps://www.grillolawms.com/?p=2565512023-09-28T15:01:19Z2023-10-02T15:00:54Zwill not discharge the following debts (with very narrow exceptions):
Student loans
Unpaid child support or a judgment related to support
Debts acquired through false pretenses or fraud
Technically, a bankruptcy court can discharge student loans, but only if the debtor can prove that paying them off would pose an undue hardship. The standard is high. Essentially, you must show that you cannot earn a high enough income to pay your student loans and also afford basic necessities like food and shelter. An example of a successful undue hardship claim could be that you became severely disabled after graduating college and cannot work.
What you can discharge
For many people, student loans do present a financial strain, but not enough to get them discharged. Fortunately, Chapter 7 bankruptcy allows the discharge of several other debts, including:
Credit card debt
Secured loans, such as an auto loan
Tax debts in certain cases
Mortgage debt if you are willing to give up your home
Medical debt
In addition, Chapter 13 bankruptcy lets you reorganize most debts, if that is the better option for you. Everyone with debt problems has their own particular needs. A debt relief strategy that works for one household in Hattiesburg isn't necessarily right for another. Legal advice from an experienced bankruptcy attorney can help you find the right path to financial stability.]]>