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HIV / AIDS

Does HIV/AIDS Make Me Eligible For Social Security Benefits?

Disability under Social Security is based on your inability to work because of a medical condition. Therefore, a person with an HIV infection is likely to be considered disabled if his/her infection is symptomatic, including AIDS.


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If you have symptomatic HIV infection, you may qualify for payment of up to six months of benefits pending a final decision on your claim if:

  • a licensed physician confirms that the HIV infection is severe enough to meet
    the Social Security Administration’s criteria;
  • you meet the other SSI nonmedical eligibility requirements; and
  • you are not doing “substantial” work.

But even if you don’t suffer from severe symptoms, HIV may affect your daily life in a manner that disables you from working. Some of the symptoms that may affect your ability to work include:

  • Low energy, easily fatigued, generalized weakness
  • Fevers/night sweats
  • Weight loss
  • Dyspnea on exertion
  • Persistent cough
  • Depression/anxiety
  • Forgetfulness, loss of concentration, slowness of thought
  • Other symptoms such as headache, anorexia, nausea or vomiting (possible drug side effects are considered as many individuals are taking antiviral agents, immune modulators or other medications that have serious side effects.)

If a disability decision cannot be made on medical factors alone, your situation will be evaluated based on a variety of physical and/or mental limitations you may have that prevent you from working. These include:

  • Your ability (or inability) to perform physical tasks such as walking, standing, lifting, carrying, pushing, pulling, reaching and handling objects; or
  • Your ability (or inability) to perform mental tasks such as understanding, carrying out and remembering instructions; responding appropriately to supervision and co-workers; and dealing with work pressures.

Improving Your Chances for Obtaining Benefits

  • See a doctor regularly and take the medication that he/she gives you so that your doctor can support your application for benefits.
  • Use a calendar to jot down notes about how you feel each day.
  • Record any of your usual activities you could not do on any given day. Include any psychological or mental issues.
  • Ask your doctor or other health care professional to track the course of your symptoms and to keep a record of fatigue, depression, forgetfulness, dizziness, or other hard-to-document symptoms.
  • Keep records of how your illness affected you on the job.

Helpful Links

You can learn more about Social Security benefits and HIV/AIDS at the link below:

Get In Touch

(503) 228-5222
HIV / AIDS

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  • I had a complicated disability retirement that involved not only Social Security, but the Office of Personal Management.
    My lawyer was excellent. I have a fairly severe learning disability, and organization and paperwork are not my strong suit. She made sure I was organized and prepared, both with the paperwork and for the court appearance. I always felt respected, which is rare for someone with my condition when dealing with others.
    Disability client
  • I cannot express my gratitude
    and appreciation for the meticulous effort and successful case you put together on my behalf.  This has been an extremely difficult time for me.  You have helped by giving me the support and guidance toward a positive result.  Thank you, Melissa!
    Mary, Portland
  • Scott Sell and his team were excellent
    Scott Sell and his team were excellent in helping me win my disability benefits. I couldn't begin to negotiate the maze of paperwork that Social Security requires so that's why I hired Scott and his team to handle it for me. Everyone at the law firm are highly professional, they have a vast wealth of knowledge and resources, and what really matters to me is what kind and caring people they are. I was really impressed with how quickly I was awarded my benefits, it took far less time than I imagined and that was because I hired the right people to handle my case. Thanks to everyone at TCN & F and especially to Scott, Erin and Susan
    Debra, Portland
  • I’m sure things went as smooth
    as they did because of you being my lawyer. The man at the local SS office said that people have a lot of respect for you in the SS world. Thank you again so much.
    Pam, Salem, OR
  • Finding oneself applying for disability
    is an extremely difficult position to be in. I found myself at times very confused and overcome with emotion. However, from the first time I met her, Melissa treated me kindly, respectfully and all the while maintaining a very professional demeanor. I was never anything but 100 percent confident in her abilities to guide me through this difficult time. Now that this difficult endeavor has wound down, I am filled with a sense of renewed hope. Thanks to your wonderful team, I now feel that I have been given a ‘fresh start’ in life. Not a lot of folks are given that opportunity.
    Speaking of teamwork, my thank you would not be complete without mentioning your assistant, Erin Daniels. Erin was also very professional, very helpful and I never felt as if I was being talked down to. She deserves a great big thank you for her efforts also.
    I will always remain forever grateful to the great staff at Swanson, Thomas and Coon.
    Suzanne, NE Portland
  • Melissa,
    thank you so much for all of your hard work! I will forever be grateful for all that you did to help me prepare for the hearing, for being so kind, for always answering my calls and emails so quickly, and for always being so helpful! You really have no idea how much my husband and I appreciate you. Thanks again for everything,
    Rachael, Portland
  • Melissa is a trust worthy lawyer.
    We had a very hard case which had a low chance of winning, but we did win. Melissa is patient and honest. She takes the time to explain any information even it takes a couple of times to explain the same thing. I found Melissa to be very professional. This was the first time I have ever had to go before a judge and it was a little scary but Melissa helped us be calm. I believe Melissa knows what she is doing.
    Becky, Hillsboro
  • Dear Melissa,
    thanks very much for helping with my SSDI hearing. You were so kind and gracious as well as helpful to me. You restored my faith in lawyers. My lawyer for my car accident claim was rude and didn’t follow through as promised. You were exactly the opposite and made me feel respected and comfortable/relaxed. Thanks VERY much.
    Sue, Portland
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