Social Security Disability based on HIV or AIDS

Social Security Disability based on HIV or AIDS

AIDS / HIVIf you have been diagnosed with HIV it is very likely that will be able to eventually win your Social Security Disability benefits.  If your HIV has evolved into full-blown AIDS you will automatically win your benefits if that AIDS is at listing level and will qualify for a Compassionate Allowance under Social Security guidelines meaning that when you apply for disability and have full-blown AIDS you will get your benefits provided you are financially qualify for benefits.  You will get your benefits within hopefully a few weeks.  Nowadays with all the treatments that have been developed for HIV it is no longer the immediate death sentence that it once was.  Many people can function quite well with the HIV diagnosis and they are properly treated with the cocktails and other treatments that enable them to live a very functional life including full-time work activity.

The clients I have with HIV that are applying for Social Security Disability benefits are at a stage with the HIV and its symptoms has deteriorated into a condition that often results in chronic diarrhea, extreme fatigue or it may be causing numerous infections or sepsis.  In some cases they have lost more than ten percent of their body weight due to the HIV.  Generally it takes about ten years for HIV to become AIDS; however, every case is different.  So with that in mind, I do recall when I wrote for the judges for the Social Security Administration there were times when the judge asked me to write a decision denying a person with HIV their disability benefits.  I hated to do that but the judge felt for whatever reason due to the cocktails, treatment and what not that this person’s symptoms had not elevated to the level of severity required for disability. I, personally, have had a lot of success winning my HIV cases even if the condition does not meet the listing for AIDS you can show that the symptoms would result in excessive absenteeism that would take that person out of any kind of competitive employment.

This short informational blog post was provided by Anne Howard, an experienced Connecticut Social Security Disability Lawyer.