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Social Security Disability for AIDS and HIV

Social Security Lawyer

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Living with HIV or AIDS is an immense challenge that affects millions globally. As of 2021, it’s estimated that about 1.2 million Americans live with HIV. While many might respond well to treatments that make these conditions manageable, those who do not can face immense physical, emotional, and social tolls. 

Because these conditions can significantly impact a person’s ability to maintain employment and perform daily activities, it would be wise to consider applying for Social Security disability benefits for HIV or AIDS. 

At the Law Office of Gerard Lynch, we are committed to supporting individuals and families and helping them apply for Social Security Disability benefits. Call (713) 225-1817.

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Common Symptoms Of HIV/AIDS

HIV & AIDS Symptoms include:

  • Fever
  • Chills
  • Rash
  • Night sweats
  • Muscle aches
  • Sore throat
  • Fatigue
  • Swollen lymph nodes
  • Rapid weight loss
  • Recurring fever or profuse night sweats
  • Extreme and unexplained tiredness
  • Prolonged swelling of the lymph glands in the armpits, groin, or neck
  • Diarrhea that lasts for more than a week
  • Sores of the mouth, anus, or genitals
  • Pneumonia
  • Red, brown, pink, or purplish blotches on or under the skin or inside the mouth, nose, or eyelids
  • Memory loss, depression, and other neurologic disorders

It is important to recognize that individuals do not need to experience all these symptoms to qualify for disability benefits. 

If your condition impacts your ability to complete tasks or your ability to work, then it may be time to consider applying for disability benefits. 

How Can These Conditions Affect A Person’s Life?

  • Physical Health
    • Everyday physical tasks can become difficult due to recurring infections, fatigue, and pain.
  • Mental Health
    • The process of diagnosing and continuously managing HIV/AIDS can result in feelings of anxiety, depression, and social seclusion.
  • Social Functioning
    • Negative perceptions and lack of knowledge regarding HIV/AIDS can result in individuals experiencing social exclusion and strained familial connections.
  • Employment Fluctuating
    • Health issues related to the immune system can cause missed work, affecting job performance and career advancement.
  • Financial Stability
    • Continuous medical care, like medicine and doctor visits, can be expensive and financially stressful.

Some people can manage these conditions and live normally. Others may have a harder time with treatment and experience a lower quality of life. This could make it challenging to work. In this case, it may be a good idea to consider applying for disability benefits. 

How Can Social Security Disability Benefits for HIV or AIDS Help Someone?

Social Security Disability Benefits play a crucial role for individuals diagnosed with HIV or AIDS, who find themselves unable to sustain full-time employment due to their condition. Here’s how these benefits can help:

  • Regular disability payments help cover essential living costs such as housing, food, and utilities. This ensures that individuals can maintain a basic standard of living despite their inability to work.
  • These benefits also contribute towards the ongoing medical costs associated with HIV or AIDS, including medications, regular doctor visits, and hospital stays. This financial support is vital for accessing treatments that can improve quality of life and manage symptoms effectively.
  • With the financial support provided by disability benefits, individuals can focus more on their health and less on financial stressors. This can offer significant emotional relief from the burdens of the disease and potentially lead to a more comfortable day-to-day existence.

Eligibility For Social Security Disability Benefits

To be eligible for Social Security Disability Benefits due to HIV or AIDS, individuals must meet specific criteria outlined by the Social Security Administration (SSA). The SSA recognizes HIV infection, including symptomatic HIV and AIDS, as a potentially disabling condition under its impairment listing guidelines. Here’s a simplified breakdown of the eligibility criteria:

  • Documented Diagnosis: You must have a documented diagnosis of HIV or AIDS from a qualified medical professional in your medical record.
  • Significant Health Impairments: The condition must significantly impair your ability to perform basic work activities, such as walking, standing, and remembering.
  • Long-term Effects: The condition should be expected to last at least 12 months or result in death.
  • Work History: Typically, you must have accumulated a sufficient number of work credits based on your age and the number of years you have worked. 

AIDS, HIV & Social Security Disability: The Application Process

Applying for Social Security Disability Benefits can be daunting, but the Law Office of Gerard Lynch is here to guide you every step of the way. Here is what the application process generally looks like:

  1. First Meeting: Talk with our team about your health and job history. We’ll discuss whether or not you’re eligible for benefits.
  2. Getting Documents Ready: We help gather all the medical papers, work records, and other info you need. During our first meeting, we will discuss your health and job history to determine if you are eligible for benefits.
  3. Application Submission: Our team will help you fill out and apply for disability benefits to ensure accuracy and completeness. 
  4. Checking In: If the Social Security Administration requires additional information or documents, we will help you obtain them promptly.

Initial disability benefits applications are often denied, especially for conditions like HIV or AIDS, where it is more difficult to prove your ability to not work or perform daily tasks. Reasons for denial can include insufficient medical evidence, inadequate work history, or errors in the application. 

An application denial isn’t the end. Our team with the Law Office of Gerard Lynch will do everything in our power to help with an appeal.

HIV, AIDS, Disability & The Social Security Application: Navigate Through It All With The Law Office of Gerard Lynch

Achieving social security benefits is nothing short of an incredible challenge. You’re already fighting a disease that affects your daily activities and leaves you unable to work. 

You shouldn’t have to add the stress of the disability application process on top of that. Let our team with the Law Office of Gerard Lynch help you. We are dedicated to utilizing all of our resources to make sure you meet the criteria for disability and confidently send your application through. 

Contact us today to schedule your free consultation. Take the first step towards securing your financial future and well-being.

Client Testimonials

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This case was my first time hiring a lawyer but I am glad that the attorney I chose worked diligently with me to help me get the results I was looking for. I am confident in letting the law offices of Gerard Lynch handle my business when needed, and I will be contacting this office when or is there is another matter that I need handled. I, Alexander Foster, am very satisfied with the outcome of my case. The Law Office of Gerard Lynch and I worked together and we achieved the goal that we were striving for. I am so thankful.

Alexander Foster,
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The best and foremost compliment I can give this firm is the fact that I didn't have to come in to the office and overall my case was handled very expeditiously. Thanks for a job well done on my behalf.

Kathy Brown,
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We need more lawyers like Mr. Lynch with an understanding heart and mind. May God bless you and your staff. I enjoyed working with Mr. Lynch and thank you so very much.

M. Robertson,

Frequently Asked Questions

Do I have to be disabled permanently to receive Social Security Disability (SSD)?

A claimant needs to be disabled for at least 12 months or have a medical condition that is terminal or expected to lead to death. Sometimes a claimant is not disabled permanently. In a certain time frame, when they are disabled from working, they could qualify for disability benefits.

It is possible, but rare to receive benefits without any medical evidence to back up your claim. If you do not have recent medical records, it is much harder to win a case. There is a possibility, though not common, that your case might be approved simply by going to a consultative exam by the SSA, where a doctor gives you a physical or mental examination.

One benefit of working with our office is that we will look carefully at your case. If you do not have enough current medical evidence for your claim, we can often give you information about low-income or indigent health services that can help establish a medical record for a low cost or free.

No fees, unless we win your claim! Our law firm, the Law Office of Gerard Lynch, only charges our clients if we win their SSD or Supplemental Security Income (SSI) benefits. We charge on a contingency basis, 25% of the back pay awarded to a claimant when we win the case. As of Summer 2024, our fee is capped at $7,200. The fee cap is set by the Social Security Administration (SSA) for all representatives, and is periodically adjusted for inflation just like monthly SSD and SSI benefits. Social Security pays us directly so our claimants don’t have to write a check. If we do not win a case, we do not charge anything no matter how much work we have done. Once a client wins and their monthly checks begin, they will keep 100% of their checks.

Social Security Disability (SSD) comes from FICA taxes that are deducted from paychecks during the work history of a person. Every month that a person works and reports income to the government, taxes are deducted which are paid into social security. When FICA taxes are taken out of paychecks, most of it goes into the general Social Security retirement fund. However, a smaller portion goes into the general Social Security disability fund.

Contrary to popular belief, no one has an account set up with the SSA by default, even though all Americans are required to pay taxes into social security. People who become disabled over their lifetime and are not yet eligible to get their full-age retirement benefits can get benefits from the disability fund. They’ll need to apply for these benefits and get approved to receive them.

Supplemental Security Income (SSI) is a different program for disabled people and it is like a form of welfare. More specifically, it is for people who are either too young to have paid enough into the system or have not worked recently enough to receive Social Security Disability (SSD). To receive Supplemental Security Income (SSI), a claimant has to be equally disabled as a person who receives Social Security Disability (SSD) – the standard for determining disability is the same. One of the main differences in deciding which claimant receives Social Security Disability (SSD) or Supplemental Security Income (SSI) comes from the amount of money paid into the Social Security system over one’s lifetime.

It should also be noted that SSI carries much stricter income and resource qualifications for someone to get approved and maintain these benefits.

If you have any additional questions that we did not answer above, please get in touch with our team at The Law Office of Gerard Lynch. Unlike the larger Social Security disability lawyers of Houston, our office will make sure you’re treated as more than just a claim. Let our attorney review your disability claim and help you seek the peace you deserve.

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