Can you get social security disability for HIV?

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Question:

I have been diagnosed with HIV and I was told I might be able to get disability benefits? Is this something that I could possibly be able to get, since I am afraid that I may start to feel badly and not be able to work. My family needs my income, so I want to be sure we aren't left with nothing?

Answer:

In order to qualify for disability benefits through the Social Security Administration's Social Security Disability insurance program (SSDI), you need to do one of two things.

  1. The first option is to prove that your impairment is listed in the "blue book" listing of social security impairments and that you meet all of the relevant criteria for your disability. 
  2. The second option is to prove that your disability is "medically equivalent" to one of those listed on the listing of impairments.

HIV is listed within the SSA's listing of impairments that may qualify an individual for SSDI benefits. HIV is grouped under Immune System Disorders in section 14. However, merely being listed on the list is not enough- there are specific requirements you must meet to show that the HIV interferes with your life enough to render you unable to work. Thus, you first need to show that you actually have HIV and you then need to show that the HIV is as severe as the one described by the SSA as qualifying you for benefits.

The more evidence and information you have available about your HIV and its impact on your life, the better your chances of being able to receive SSDI benefits because of it. If your HIV is severe and interferes with your life but does not specifically meet the criteria set forth for HIV in chapter 14, you may also try to show that the impact of the HIV on your life is medically equivalent to the effect of other listed diseases. This, however, can be more of a challenge.

In any case, if you are hoping to qualify for SSDI benefits based on HIV, it is in your best interests to contact a lawyer. Your attorney can assist you in completing all SSA requirements so you can begin to get the benefits you deserve as quickly as possible. You can also visit the following reference website for more information about qualifying for disability benefits based on your HIV status:

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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