In Social Security Disability (SSD) and Supplemental Security Income (SSI) claims, we often see people who have immune deficiency disorders or HIV infections. The symptoms involved in these types of claims can often be quite disabling.
Specific conditions are recognized by the Social Security Administration as being disabling by definition if they meet or are the medical equivalent of the Listing of Impairments promulgated by the Social Security Administration. These “Listings” as they are called are quite specific.
Under Rule 14.07, which covers immune disorders other than HIV, Social Security recognizes sepsis, meningitis, pneumonia, septic arthritis, endocarditis and in some instances sinusitis as disabling if documented by appropriate medically acceptable imaging. For these to be considered, the infections listed above must either be resistant to treatment, or require hospitalization or intravenous treatment three or more times in a 12 month period. One would also considered to be disabled if stem cell transplantation had been performed or if there were repeated manifestations of immune deficiency including severe fatigue, fever, malaise or involuntary weight loss and a concurrent mark level of activity of daily living, maintaining social functioning or completing tasks in a timely manner due to deficiencies of concentration persistence or pace.
HIV infections, or AIDS (Acquired Immune Deficiency Syndrome) as it is commonly called is recognized under Rule 14.08 under the Listing of Impairments. Simply having AIDS, however, will not qualify you for benefits. This at the outset requires documentation of the HIV infection with appropriate laboratory tests. There are specific rules governing acceptable findings that must be met at the outset. Once it is determined that AIDS or HIV is present, Social Security lists no less than 11 subcategories under the Listing of Impairments which can be disabling. Most of these subcategories of HIV and AIDS deal with infectious processes that must be present with specific findings in order to be disabled pursuant to the Listing of Impairments.
One important thing to mention is that failure to exactly meet these listings does not mean that a disability claim cannot be won. Usually people with immune deficiency disorders and AIDS have multiple problems which in combination with their age education and work experience would cause them to be totally disabled. We commonly assist those so afflicted and have had great success in developing successful disability claims whether or not they specifically meet specific listings.
If you have an immune deficiency disorder, HIV, AIDS, or any other conditions that you feel might be totally disabling and would like to talk to experienced lawyers who have been representing the disabled for over 40 years, give us a call at (800) 842-0426 for a FREE CONSULTATION. If you decide to hire us you don’t have to pay unless you win. Attorneys fees are set by statute at 25% of any back pay and are approved by the administration.
Some helpful links regarding AIDS, HIV, and other immune disorders include: