Social Security disability claims involving HIV infection
Social Security Disability claims involving HIV infection are not an automatic approval for benefits. Just like any disability claim, you need to show what your limitations are and how they prevent you from working. And they need to be backed up by medical records and statements from your health care professionals.
Even though the medical treatment for those infected has improved by leaps and bounds over the years, it can be impossible for many of those infected to maintain gainful employment. The side effects related to the antiretroviral drugs are often very severe,and these side effects are usually a major part of the case. Patients may have been told by their doctor that they are unable to take other needed medications due to being immunocompromised or because the other medication interacts with the antiretroviral drug. If this is the case, it should be documented in the records and emphasized with Social Security so that they do not mistakenly classify the patient as non-compliant.
The issue of compliance in HIV/AIDS cases is as important as it is in any other Social Security case. Social Security has been known to deny claims when the patient's medical records show that they are not going to appointments or taking medications regularly. Because not taking the antiretroviral drugs as prescribed can potentially make these drugs innefective, it is doubly important to follow the doctor's orders. Also, all patients should refrain from tobacco use, excessive alcohol use, and illegal drug use. It will not help your case.
Social Security claims can often take as long as three years to be processed. For this reason, I recommend requesting that that the case be expedited due to undue hardship. This will not necessarily have the case processed overnight, but in some cases, it can dramatically speed up the process. At the initial stage, Social Security form 4814-F5 should be completed by your treating physician or infectious disease specialist. Based on this form, the field office may approve claims of individuals infected with HIV with the most severe illnesses. Even if this form is not completed at the initial stage of your case, it is still a good idea to have a doctor complete it at a later stage.
It is also important not to overlook the emotional impact the HIV infection may have had on the claimant. Many are dealing with depression and social anxiety. If so, they should see a pshychologist regularly, and not just get a prescription for antidepressants from their primary care physician or infectious disease specialist. They should alsosee a counselor, separate from the psychologist, at least once a month, or even twice a month if possible. Unfortunately, many patients become isolated after being diagnosed and having a counselor to talk to can be very theraputic. Also, counselors usually write great letters on behalf of their patients and Social Security does give these great weight. They sometimes have the best perspective on the overall toll the HIV infection is having on the patient.
by Jose Blanco, Gayly HIV/AIDS Legal Columnist
The Gayly – May 16, 2014 @ 2pm