Archives for March 2021

The Four Symptoms Associated with PSTD

March 23, 2021 by

PSTD is a condition well-known to service members as well as civilians who have either been involved with or witnessed a frightening event. Many people who have been through trauma have difficulty with coping and adjusting but can heal with self-care, reaching out for help and time.

The Four Types Of Symptoms Associated with PSTD

But for those who have more trouble coping and healing from a traumatic event are experiencing PTSD, or Post-Traumatic Stress Disorder.

Any kind of sudden, unexpected shock can bring on PTSD in anyone. However, veterans, especially combat veterans, can be particularly susceptible to PTSD. Risk factors that increase the possibility of PTSD include:

  • Childhood trauma
  • Little or no social support following the event
  • A personal and/or family history of mental illness and/or substance abuse
  • Additional stress following the event, such as the loss of a job, a home, a loved one, or other pain and/or injury

The Symptoms

PTSD is characterized by four distinct symptoms:

  1. At least one re-experience symptom. An individual with PTSD can be “triggered” by a number of external factors, including:
    1. “Flashbacks,” frequently accompanied by physical symptoms such as heavy breathing, heart racing, and/or sweating
    2. Other physical signs of stress
    3. Upsetting or tormenting thoughts
    4. Dreams or memories related to the trauma that recur
  1. One or more avoidance symptoms. Exactly what it sounds like, avoidance can take the form of staying away from people, places, and things that remind the sufferer of the flashpoint event. For instance, a person who has experienced a bad car accident may stay away from cars altogether. A traumatic event at work may lead to someone quitting their job or staying away from their office. Avoidance can also be the avoidance of thoughts surrounding the events.
  1. Two or more arousal or reactivity symptoms. These symptoms can cause sleep or concentration disruptions, anger and/or stress, or eating disorders. They include:
  1. A person startles easily
  2. Difficulty sleeping or staying asleep
  3. Difficulty with concentration
  4. Irritability, including angry and/or aggressive outbursts
  5. Feelings of tension or being “on edge”
  6. A person engages in reckless, destructive, and/or risky behaviors
  1. Two or more mood and cognition symptoms. These can begin or increase after the event and can lead to social isolation from friends and family members. They include:
  1. Continuing negative emotions such as fear, guilt, shame, and/or anger
  2. Difficulty remembering everything about the trauma
  3. Negativity towards themselves or the rest of the world
  4. Losing interest in formerly favorite activities
  5. Misleading thinking about the event that includes blame
  6. Social isolation
  7. Happiness, satisfaction, and other positive emotions are difficult

Children over the age of six may also re-enact their trauma while playing, or have frightening dreams that may or may not involve the trauma.

Why Do Some People Get PTSD And Others Don’t?

There are a number of factors as to why some people develop PTSD and others don’t after a traumatic event:

  • Getting help and support from family, friends, and/or support groups
  • Resolving feelings regarding their actions in response to the trauma
  • Having and using a coping strategy to get through and learn from the event
  • Having the ability to respond and be prepared to scary events as they happen despite the fear involved

Individuals who do develop PTSD and experience the crippling effects should work to find the help they need to recover so they can live better, without the effects. Those with little or no social support may be able to find help through their primary care physician or local mental health association.

Help is available for those who need it:

Houston VA Disability Attorney For PTSD

Whether you’re suffering from PTSD or something else that’s service-related, we can help you apply, appeal, and make your case to get you the benefits you deserve.

When you’re ready to start your application, need help with an appeal, call The Herren Law Firm at 713-682-8194 (or use our online contact form) to schedule your free consultation. Our contingency fee basis means you won’t owe a fee until we win your case, and there’s no obligation.

Filed Under: Veterans Disability Tagged With: , ,

Disability Income Protection In Texas

March 8, 2021 by

Dealing with creditors can be a difficult experience, especially if you’ve recently become disabled or have had an event that caused you to fall behind on your bills. Should a bill go as far as being sent to collections, you’ll also receive calls from debt collectors, including agencies.

Disability Income Protection In Texas.

Occasionally, debt collectors make statements intended to strike fear in someone to force them to pay up. For someone on disability, this can be particularly menacing. Don’t let them intimidate you.

In most cases, if a creditor or debt collector tells you that they will “take your disability check,” it’s a scare tactic.

But there are occasions where past-due debts can be taken out of your disability income, under certain conditions.

Social Security Income

Federal law prohibits Social Security disability payments from garnishment.

In every case, a debt collector must go to court and file a lawsuit, then obtain a judgment for the money. Your bank would then be required to turn over the money, known as a “garnishment.” But if you receive certain types of income, they are not allowed to do so.

Certain benefits are exempt by federal law from garnishment, including:

  • Social Security
  • Supplemental Security Income
  • Veterans benefits (including disability)
  • Federal Railroad retirement, unemployment, and sickness benefits
  • Civil Service Retirement System benefits
  • Federal Employee Retirement System benefits

The US Treasury requires your bank to automatically freeze two months of these benefits and keep them for your own use. However, anything over that two-month threshold is accessible, meaning that a creditor can access the rest of it.

Your Bank

Debt collectors are forbidden from taking your disability payments directly out of your bank account or remove it from a prepaid debit card. Despite the rules, many still attempt to do so.

Your bank or credit union is required to protect two months of that income from garnishment for your use. This means that if your monthly disability payment is $1500, and your bank balance is $4,500, the bank is only required to protect $3,000, or two months of payments. The additional $1,500 can be made available to creditors.

Banks are required to review accounts prior to garnishment to ensure that Social Security payments have been deposited and are not garnished. Should a creditor or debt collector attempt to collect from your disability payments, you may have to go to court to get it returned. If you are sued by a creditor that collects from your bank account, make sure to notify the judge that the money is from Social Security and is exempt.

If you are one of the many recipients who receive benefits on a Direct Express or other prepaid debit card, they are still protected from garnishment just as if they were in a bank account.

You can write an “anti-garnishment letter” to your bank stating that your income is exempt, including your name, address, and account number. Mail it to your bank certified, return receipt requested, or hand-deliver to the appropriate person at our local branch.

Adding disability monies into a bank account with other funds may render it accessible to a creditor. It may be wise to have a separate bank account just for your disability income payments and avoid comingling the disability funds with any other monies.

Long Term Disability Payments

In most states, private disability payments are also protected, because they do not allow creditors to take this income. Federal law can also protect some or all private LTD payments.

The Consumer Credit Protection Act (CCPA) protects 25% of “disposable earnings”—what’s left after deductions—from collection actions or the amount by which wages exceed 30 times the minimum wage, whichever is lower. States are also required to this amount as a minimum, although some protect higher amounts.

Exceptions

Some debts are allowed to be garnished from Social Security Disability income, including:

  • Child support
  • Overdue or defaulted student loans
  • Back taxes
  • Other monies owed to the federal government

Similarly, child support and back taxes can be garnished from LTD payments. However, if you receive SSI, these benefits can’t be garnished for these reasons.

Houston’s Disability Attorney

If you need help with your SSDI, it helps to have an experienced disability law firm to answer your questions.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

Filed Under: Social Security Disability Tagged With: , ,
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