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Human Immunodeficiency Virus isn’t always a disability

A person with Human Immunodeficiency Virus (HIV) or Acquired Immunodeficiency Syndrome (AIDS) may qualify for Social Security Disability (SSD) benefits under either the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs.

Title XVI of the Social Security Act details how certain individuals who are both disabled and in the low-income bracket may qualify for SSI benefits. Title II of that same act allows those individuals to qualify for SSDI simply based on their disability status. Individuals with HIV or AIDS who have been forced to quit their jobs or work reduced hours due to failing health may qualify for one or both of these programs.

Anyone wishing to receive either SSI or SSDI must be able to demonstrate that they’re unable to perform substantial gainful activity (SGA) due to their medical condition.

The “substantial” in the acronym SGA refers to an applicant’s inability to perform any activity that generates $830 a month or more. Any ailment that a prospective applicant is suffering from must be expected to last at least a year or to result in their death.

Although many people with HIV do qualify for SSI or SSDI benefits, there’s no guarantee that they will. HIV affects some people more severely than others. This is why some individuals can work after being diagnosed with this condition whereas others cannot. Applicants may be able to request retroactive benefits if there’s a delay in processing their application.

If you have been diagnosed with HIV, then you may qualify for SSD benefits. Having the condition isn’t a guarantee for approval. Your chances for approval will depend upon the severity of your impairment due to the condition. An attorney can help you receive the benefits that you deserve in your Oklahoma City case.

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