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Disability Law Offices of Tony Adderley

HIV And Disability

  • By: Tony Adderley
  • Published: October 27, 2014

You might be surprised to learn that being diagnosed with the human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) does not automatically make you eligible to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. You may in fact be able to obtain disability benefits, but you’re going to need help from a good disability lawyer. If you’re diagnosed with HIV or AIDS in southern California, speak at once with an experienced Los Angeles Social Security disability attorney and take the first step toward receiving the benefits you need.

To obtain disability benefits, HIV and AIDS sufferers must produce laboratory results proving they’re contracted the HIV infection. However, since disability payments are based on “functionalism” – how well or poorly you function in the workplace – you must also demonstrate to the Social Security Administration (SSA) that you suffer from one of these conditions that impair functionality:

  • bacterial, viral, fungal, protozoan, or helminthic infections
  • malignant neoplasms
  • fungating or ulcerating lesions unresponsive to treatment
  • sepsis, meningitis, pneumonia, septic arthritis, endocarditis, or sinusitis
  • HIV encephalopathy or HIV wasting syndrome
  • diarrhea unresponsive to treatment requiring intravenous hydration or tube feeding

In other words, you must demonstrate to the SSA that your HIV symptoms in combination with other conditions prevent you from being able to perform a full-time job. Medical documentation is imperative if you’re going to obtain disability benefits. The SSA also wants to know that you are being treated for your condition by a qualified physician. You should be able to prove that despite your best efforts to receive treatment and follow a doctor’s orders, your symptoms still keep you from being able to work.

HIV is grim. AIDS is tragic. Disability benefits can’t heal you, but knowing you have them can provide a little peace of mind. If you need to receive Social Security disability benefits in southern California for HIV, AIDS, or any other disabling condition, contact an experienced Los Angeles Social Security disability attorney as quickly as possible.

About the Author Tony Adderley has been working as a professional advocate for
individuals entitled to Social Security Disability (SSD) and worker’s
compensation benefits for more than 20 years.