Qualifying for Disability Benefits with HIV
HIV (human immunodeficiency virus) is a virus that attacks cells that help the body fight infection, making a person more vulnerable to other infections and diseases. It is spread by contact with certain bodily fluids of a person with HIV, most commonly during unprotected sex (sex without a condom or HIV medicine to prevent or treat HIV), or through sharing injection drug equipment. If left untreated, HIV can lead to the disease AIDS (acquired immunodeficiency syndrome). According to the latest estimates from the Centers for Disease Control and Prevention (CDC), approximately 31,800 new HIV infections occurred in the United States in 2023. To learn more about how the Social Security Administration (SSA) defines this disability, visit Section 14.00 of the Blue Book.
Does HIV Qualify for Disability?
Yes, people with HIV do qualify, but they need to meet the requirements of the SSA’s guidelines for this disability. Specifically, your medical records must show that at least one of the following is true:
- You experience frequent or persistent bacterial, fungal, viral, or parasitic infections
- You’ve developed cancer and that the cancer is advanced or terminal
- There is fluid collecting on the brain or brain swelling that causes severe disruption in your ability to think or move effectively
- You’ve had severe weight loss (HIV-wasting syndrome)
- Uncontrolled and persistent diarrhea has required you to have IV fluids and nutrition via a feed tube for a month or longer
- You experience other types of infections (sinusitis, encephalitis, sepsis, etc) that require hospitalization, IV therapy, or which are resistant to treatment
- Your frequent infections and other complications have severely compromised your activities of daily living, also called ADLs.
If you’re unable to meet or closely match the disability listing, then you’ll have to proceed through additional reviews to determine your eligibility.
How Do I Apply for Disability Benefits?
To apply for disability benefits, it’s important to understand the disability application process. If you’ve been diagnosed with HIV and believe you may qualify, contact us today for a free disability case evaluation.
