AIDS/HIV: How to Get Social Security Disability Benefits

HIV is a recognized disability for which you can potentially qualify for Social Security Disability (SSD) HIV or AIDS disability benefits. The Social Security Administration (SSA) includes two applications for which you may qualify: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

There are techniques to get Social Security disability benefits (SSD or SSDI) for AIDs or HIV. People with HIV/AIDS who do not fulfill the requirements of Social Security’s disability listing for HIV could qualify for Social Security disability benefits if their impairments are severe enough to prevent them from earning a substantial income.

To rate your ability to return to work, Social Security does a Residual Functional Capacity (RFC) evaluation, which will address your ability to work in three classes: physical, mental, and sensory. A claims examiner in Social Security will determine all the indicators and limitations you include and have.

Disabling Symptoms of AIDS and HIV

For the medications accepted for the disease, in addition to all those who have HIV or AIDS, the illness itself, cause symptoms.

Signs of HIV Infection

At the initial two phases of HIV are the acute illness and latent intervals stage.

From the early symptomatic phase, shortness of breath, fatigue, weight loss, nausea, and fever are common. As the disorder progresses, diarrhea, weight loss, fever, exhaustion, and shortness of breath become more intense. Additional symptoms include headaches, blurry or distorted vision, skin rashes, tingling, weakness in the limbs, pain when swallowing, a reoccurring sinus inflammatory disease, nerve damage which leads to lack of movement, feeling or other functions in your limbs, confusion, and difficulty concentrating, and changes in personality.

Symptoms of AIDS

Opportunistic infections become more prevalent, although many of the above symptoms remain once HIV develops into AIDS. Opportunistic infections and diseases include various sorts of cancer, pneumonia, and toxoplasmosis of the brain, which causes people to have stroke-like symptoms, such as memory problems and difficulty thinking.

Medication Side Effects

Side effects include nausea, diarrhea, abdominal pain, nausea and vomiting, hypersensitivity, tingling, tingling, and burning sensations, nausea, tiredness, difficulty sleeping, headaches, depression, stress, overall weakness, and pain. Some individuals may also suffer from side effects.

The drugs prescribed to people with AIDS or HIV have unwanted side effects may greatly influence a person’s capability to work. Side effects brought on drugs can make the present symptoms worse.

HIV Disability Tax Charge

The consequences of HIV can have a debilitating impact on the characteristic of one’s lifestyle. The government will recognize you are eligible for a disability tax credit if you are afflicted with HIV and your condition prevents from earning a substantial income

Filing for Disability

As is true with most claims, Social Security’s definition of disability states that an individual’s disabling disability must have prevented them from participating in substantial and gainful work activity for twelve continuous months. The disease must be terminal, and if someone has AIDS, their disability claim may be denied if they are currently working and earning gainful and substantial income.

Identification of AIDs or HIV

There are several ways you can prove that you have HIV, including medical evaluations or laboratory tests. Social Security will acquire your lab results or other medical tests from the hospital or physicians that have treated you in the past.

Approved laboratory tests include:

  • HIV antibody test
  • Favorable load test
  • HIV DNA detection
  • HIV antigens found in your specimens
  • Positive culture
  • Other lab tests which are utilized to identification HIV.

If you can’t provide proof, you might demonstrate that you are HIV positive through records or other laboratory tests. By way of instance, a diagnosis of an opportunistic disease that contains no cause may be sufficient to prove you’re HIV-positive or have AIDS. Social Security will make full efforts to retrieve your medical records to prove this.

It’s very important to be aware that cell evaluations, which depend on T-helper lymphocytes on your bloodstream, aren’t enough to prove you are HIV positive. People who are positive have lower CD4 cell counts; a CD4 cell count means the immune system is weak, which leaves the entire body more susceptible to infections. But a low CD4 cell count insufficient to establish HIV status. A person may use a cell evaluation as evidence to prove they’re HIV-positive or have AIDS.

Proving You’re Disabled

A significant distinction for this list from handicap listings is that there’s not any need to show that you anticipate being impaired for at least 12 months, or that you’ve been diminished for 12 weeks. If you demonstrate that you meet the listing requirements previously, that’s sufficient to show you’re disabled.

To “meet” the HIV listing, you need to present medical documents with certain medical findings demonstrating that you satisfy the requirements.

How to Apply for Disability Benefits with HIV

Whether or not you qualify via an RFC evaluation or through the Book the SSA, you can prove your condition through documentation. This documentation includes, but isn’t Limited to:

  • Laboratory reports demonstrating a positive HIV diagnosis
  • CD4 testing that shows how vulnerable you are to infections and results that demonstrate immune system compromise
  • Emergency or hospitalization room records at least one year
  • Diagnostic reports (such as laboratory work, biopsies, imaging tests, etc) assessing complications of
  • HIV such as illnesses, cancer, even if existing, or organ damage.

HIV Disability Living Allowance

If a person has HIV disease, they might qualify for disability benefits via a medical vocational living allowance when their remaining functional capacity has become restrictive on account of the symptoms of their HIV infection that it precludes them from doing any sort of work or to switch to another type of work.

If Your Application Is Denied

A lot of men and women who apply for disability according to HIV disease alone (without signs of a recorded opportunistic disease or AIDs) are initially denied benefits. However, a number of those cases can be approved through appeal. Hiring a lawyer will help your chances of getting disability benefits, although claimants are permitted to submit a petition for reconsideration by themselves.

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