Disability Benefits for HIV Carriers

Social Security Disability Insurance and Supplemental Security Income program both would have benefits available for persons severely disabled by HIV or Human immunodeficiency virus.  HIV is a condition in which the immune system begins to fail leading to bacterial, viral, fungal or protozoan infections that as a result can be deadly.  HIV is a lentivirus, a member of the retrovirus genus that eventually causes AIDS, Acquired Immunodeficiency Syndrome.

Benefits Approved for Severe Stage HIV

Many people that have been diagnosed as carrying HIV are not struggling with severe enough symptoms due the infection to qualify for Social Security benefits.  In order to be eligible for benefits the HIV condition must be at a stage where the symptoms and resulting inability to fight infection and cancer have evolved to a severe stage.  Benefits are not available to individuals that are still able to work and earn a living in spite of the condition.  HIV can involve severe symptoms such as severe fatigue, fever, malaise or involuntary weight loss that could become severe enough to impair the individual’s ability to perform his employment duties.  To be eligible for benefits a person with HIV must be unable to perform any employment duties at all in view of his age and current physical condition.

Immune System Disorders Category

Social Security does recognize HIV AIDS as a medical condition that results in disabilities that can in an adult impair the ability to engage in gainful employment and in a child result in disabilities that can impair the child’s ability to function performing daily tasks on a level commensurate with non-disabled children of his same age making both eligible for disability benefits.  The immune system dysfunction may be due to failed antibody production, impaired cell mediated immunity, impaired phagocytes, or combined antibody/cellular deficiencies.  People with HIV would need to evidence a bacterial infection, fungal infection, protozoan or helminthic infection, a viral infection or a malignant neoplasm, HIV waste syndrome or HIV encephalopathy and (1) a limitation on daily activities, (2) limitation in social functioning and (3) limitation in completing tasks due to concentration or mental deficiencies.

Getting Legal Help

If your or a member of your family has been diagnosed with an HIV AIDS disability that severely impairs your ability to engage in gainful employment it may be helpful to discuss the circumstances of the HIV diagnosis and resultant disability with a disability lawyer.  An attorney can provide valuable guidance concerning completing and submitting the application for disability benefits and with collecting the medical evidence documenting the HIV diagnosis and the severity of the disability impairment.