Thankfully, HIV isn't the automatic death sentence it was years ago. Despite increased longevity, HIV symptoms can be debilitating, often making it difficult for people to participate in gainful employment.
If your HIV is preventing you from working, you may qualify for Social Security Disability Insurance (SSDI).
You can learn more about the circumstances of your particular claim by talking with a Texas Social Security Disability lawyer. However, there are some basic principles that apply to every HIV disability claim.
How Does the Government Decide if I am Disabled?
The government will provide SSDI benefits only if your disability is expected to either last a year or more or is a fatal condition. Further, your disability must prevent you from doing "substantial gainful work."
The Social Security Administration will work with the state Disability Determination Service to determine whether your condition is severe enough to prevent you from working. The SSA keeps a list of impairments that it considers "severe," at least as they relate to HIV-infected individuals. That list includes:
- Bacterial, viral, fungal and protozoan infections
- HIV wasting syndrome
- All lymphomas, including Hodgkin's disease
- Kaposi's sarcoma
- Syphilis and neurosyphilis
- Neurological abnormalities
- Hematologic abnormalities
- Cardiomyopathy
- Nephropathy
- Chronic infections necessitating repeated treatment
If your impairment is not on the list, your SSDI lawyer will work with your doctor to provide proof of severity to the SSA.
How Do I Apply for Benefits?
You will need to provide medical proof of your condition and its impact on your life. Talk with your doctor to make sure your impairments are well-documented in your medical records.
The SSA will want to see records of your past earnings history. Gather your W-2 forms and tax returns, along with any other documentation that shows your income.
You should also keep your own records on how your HIV is affecting your life. Document your symptoms and how they affect your daily activities. This will help prove the extent to which your HIV impairs your ability to work.
Once you have this information together, you are ready to apply. Talk to an experienced Texas Social Security Disability attorney who can guide you through the process.
