HIV Infections and Social Security Disability Claims

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Social Security disability claimants seeking SSDI or SSI benefits based on a long term HIV infection can be approved if they present evidence of complications that will preclude competitive work.

SSA's treatment of HIV claims has changed significantly over
the past 15 years. In the 1990s and early 2000's, most judges felt that HIV was a precursor to AIDS and generally treated HIV infections and AIDS as one in the same.

About 10 years ago, judge took notice of advances in medical science that allowed people infected with HIV to suppress
the virus and lead apparently normal lives. HIV was then treated similar to Hepatitis - an active, uncurable condition but one that need not prevent a claimant from working for years at a time.

Over the last 4 to 5 years, however, Social Security judges have become more open to the idea that HIV often does
create complications that, when considered as a whole, can prevent an afflicted person from working. Complications that seem to resonate most with judges include:

-chronic infections
-non-healing fissures in the body
-boils
-fatigue
-weight loss
-pain
-depression

In my practice I have had success representing claimants with HIV who exhibit these symptoms and medication side effects
and who have support from a treating physician.

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Jonathan Ginsberg
Social Security Disability Attorney
Telephone: 800-890-2262
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