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September 12, 2014

Social Security Disability Benefits for HIV/AIDS

Acquired Immunodeficiency Syndrome (AIDS) is a disease that affects the body’s immune system.  AIDS is the last stage of the infection caused by the human immunodeficiency virus (HIV).  By attacking the immune system, HIV hinders the body’s ability to fight off infections.  HIV can be transmitted through sexual contact, exposure to infected bodily fluids, childbirth, or breastfeeding. Some symptoms of HIV infection may include a flu-like illness appearing two to four weeks after exposure to the virus.  After this illness, there is usually a latency period, typically lasting from 3 years to over 20 years, in which the patient will have very few, if any, symptoms.  Near the end of the latency period, fever, weight loss, gastrointestinal problems, and muscle pains may occur. Once HIV infection progresses to AIDS, more symptoms may occur.  These could include pneumocystis pneumonia, cachexia (HIV wasting syndrome), esophageal candidiasis, or respiratory tract infections.  People with AIDS also have a greater chance of contracting infections, viruses, and cancers. In order to meet the Social Security Administration (SSA)‘s listing for HIV infection, you must  have documentation of laboratory testing showing you are infected.  You also must be able to show that you suffer from one of the following: Bacterial infections: mycobacterial infections, nocardiosis, or salmonella (recurrent non-typhoid); or multiple recurrent bacterial infections requiring hospitalization or intravenous antibiotic treatment three or more times in a twelve (12) month period Fungal infections: aspergillosis, candidiasis (at a site other than the skin, urinary tract, intestinal tract, or oral or vulvovaginal mucous membranes), cocidiodomycosis (at a site other than the lymph nodes),  cryptococcosis (at a site other than the lungs), histoplasmosis (at a site other than the lungs or lymph nodes), mucormycosis, or pneumonia (or extrapulmonary infection) Protozoan or helminthic infections: cryptospridiosis, isosporiasis, or microsporidiosis, with diarrhea lasting for one (1) month or longer; extra-intestinal strongyloidiasis, or toxoplasmosis of an organ other than the liver, spleen, or lymph nodes Viral … Continued

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October 2, 2013

Is Human Immunodeficiency Virus (HIV) or Acquired Immuno Deficiency Syndrome (AIDS) a disabling impairment for Social Security Benefits?

Many Indiana residents who have HIV (human immunodeficiency virus) infection or AIDS (acquired immunodeficiency syndrome) contact my Indianapolis office to ask if their condition will qualify them for Social Security disability benefits. If you have HIV/ AIDS and your symptoms keep you from being able to work, you may qualify for benefits from the Social Security Administration. There are two ways to show the Social Security Administration (SSA) that your HIV/AIDS is a disabling condition; you can show that your symptoms “meet the listing” for HIV, or you can show that your combination of impairments reduce your capacity to perform work activities. HIV infection is addressed by §14.08 of Social Security’s Listing of Impairments.  If your medical records show that you fulfill the criteria of this listing, Social Security will most likely find that you are disabled.  First, your medical records must contain documentation that you have HIV infection, either from laboratory test results or other evidence.  Then, you must show that you have at least one of the following: Bacterial infections such as mycobacterial infection, nocardiosis, Salmonella bacteremia, or other recurrent infections requiring hospitalization or frequent IV antibiotic treatment Fungal infections such as aspergillosis; certain types of candidiasis, coccidioidomycosis, cryptococcosis; histoplasmosis; mucormycosis; or Pneumocystis Protozoan or helminthic infections such as cryptosporidiosis, isosporiasis, or microsporidiosis that cause diarrhea; extra-intestinal strongyloidiasis; or some types of toxoplasmosis Viral infections such as certain types of cytomegalovirus disease, certain types of herpes simplex, certain types of herpes zoster, or progressive multifocal leukoencephalopthy Malignant neoplasms such as certain types of carcinoma, Kaposi’s sarcoma, lymphoma, or squamous cell carcinoma HIV encephalopathy with progressive cognitive or motor dysfunctio HIV wasting syndrome with chronic diarrhea or chronic weakness with fever Chronic, treatment-resistant diarrhea requiring IV hydration or feeding Chronic or treatment-resistant infection such as sepsis, meningitis, pneumonia, septic arthritis, endocarditis, or sinusitis Repeated manifestations of HIV infection that do not fit in the above categories but result in significant, documented symptoms and marked limitation in your activities of daily living, social functioning, … Continued

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