HIV Carriers: Options for Social Security Income

AIDS, Acquired Immunodeficiency Syndrome, is an inability of the body to fight infections using its natural immunity processes caused by a retrovirus known as HIV, or Human Immunodeficiency Virus.  HIV positive individuals fall into two categories, those with symptomatic HIV infection and full blown AIDS and those with HIV with no symptoms.  People with HIV have options to apply for and receive Social Security income benefits under the Social Security Disability Insurance program, SSDI or the under the Supplemental Security Income, SSI program.   

 HIV Disability and Working

If an individual is HIV positive and is not symptomatic then he may have no impairment in being able to carry out his employment duties.  For that reason Social Security will consider that he is not disabled and not eligible for benefits.  However, when the HIV infection is causing symptoms that severely limit the ability to work benefits may be available.  Social Security has two lists of recognized disabilities, one for adults and one for children.  An applicant’s disability must be on the list in order to receive benefits based on that disability.  HIV related impairments are included on the Social Security lists making benefits available to applicants evidencing those medical conditions. 

 HIV Related Impairments

• Pulmonary tuberculosis resistant to treatment
• Kaposi’s sarcoma
• Pneumocystis carinii pneumonia (PCP)
• Carcinoma of the cervix
• Herpes Simplex
• Hodgkin’s disease and all lymphomas
• HIV Wasting Syndrome
• Syphilis and Neurosyphilis
• Candidiasis
• Histoplasmosis

Documentation of HIV Symptoms

An application for benefits must include extensive documentation of the existence of HIV and of the HIV related impairments to evidence a recognisable disability.  The initial HIV diagnosis must be supported by laboratory tests results and x-rays as appropriate.  HIV related impairments must be shown by medical evidence of one or more related conditions such as repeated infections, fevers/night sweats, enlarged lymph nodes, generalized weakness, dyspnea on exertion, persistent cough, depression, anorexia and medication side effects.

Getting Legal Help

If you or a member of your family has been diagnosed as HIV positive and is hoping to access Social Security benefits it may be helpful to discuss the diagnosis with a disability attorney in order to fully understand all of the options that may be available under Social Security programs.  An attorney can provide direction as to which program would be best to submit an application with and can help to resolve any issues that might come up obstructing access to the much needed benefits.