According to the Social Security Administration (SSA), all applications received from people with HIV/AIDS are processed as quickly as possible through their system. Once an application is processed, the claim is sent to Disability Determination Services (DDS) who decide whether the condition qualifies an individual to receive benefits. Individuals diagnosed and living with HIV/AIDS can begin the application process immediately after stopping work or, for those who have experienced limited work hours because of failing health, or the inability to continue working. Medical documentation for those diagnosed with HIV/AIDS serves to establish the diagnosis and existence of the condition as well as to document the progression of the condition and the functional limitations that may exist.
At DDS, a disability examiner and a doctor decide whether the claimant’s impairment is severe enough to impair his or her ability to work. The DDS bureau evaluates how well an individual functions in three general areas: daily activity, social functioning, and the ability to complete tasks. Social Security publishes a list of HIV-related impairments that are considered severe enough to prevent an individual from performing substantial gainful activity. Please follow this link for more information: http://www.ssa.gov/disability/professionals/bluebook/14.00-Immune-Adult.htm
According to SSA, Presumptive SSI benefits are available under certain circumstances. The administration may pay a claimant benefits up to six months before a final decision is made on the claim. If the claimant is not working and meets the SSI eligibility guidelines (income and assets), the claimant may request an SSA 4814 (SSA 4815 for children) form at a local field office. This form must be completed by a doctor or other medical personnel to certify that the individual’s HIV infection severely limits his or her ability to work. The law allows SSA to “presume” disability with a medical diagnosis of HIV symptomatic infection. If decided later that the client is not disabled, he or she will not have to pay back any money received.
