Strategy for Winning Claims Arising from Long Term HIV Infection
Social Security disability claimants seeking SSDI or SSI benefits based on a long term HIV infection can be approved if they present evidence of complications that will preclude competitive work. Remember that Social Security defines disability in terms of how your impairment would likely impair your capacity to perform the demands of minimally demanding work.
SSA’s treatment of HIV claims has changed significantly over the past 15 years. In the 1990s and early 2000’s, most judges felt that HIV was a precursor to AIDS and generally treated HIV infections and AIDS as one in the same. These cases were usually approved fairly quickly.
About 10 years ago, judge took notice of advances in medical science that allowed people infected with HIV to suppress
the virus and lead apparently normal lives. HIV was then treated similar to Hepatitis – an active, un-curable condition but one that need not prevent a claimant from working for years at a time.
AIDS, by contrast, was usually approved based on Listing 14.08.
Over the last 4 to 5 years, however, Social Security judges have become more open to the idea that HIV often does
create complications that, when considered as a whole, can prevent an afflicted person from working. Complications that seem to resonate most with judges include:
- chronic infections
- non-healing fissures in the body
- boils
- fatigue
- weight loss
- pain
- depression
In my practice I have had success representing claimants with HIV who exhibit these symptoms and medication side effects
and who have support from a treating physician.
You can find more information about strategies I use in HIV claims as well as many other types of impairments on my law firm web site.
Work Attempts Before and After a Finding of Disability
Social Security has a stated goal of encouraging disabled claimants to return to work. However, as a practical matter, work attempts are treated very differently depending on where you are in the process. While you are waiting for your decision, work attempts can help your case (if these attempts are short and unsuccessful) or they can cause a judge to conclude that you are not disabled and do have the capacity for work.
After you are found disabled, my experience has been that Social Security is much more forgiving in terms of both the length of your work attempts and the type of work you may try.
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How to Win Your Back Pain Case in a Social Security Disability Hearing
Social Security judges see more back pain cases than any other impairment. Because of this, you need to do whatever you can to make your case stand out. If you come to your hearing with vague complaints that your lower back “hurts all the time,” that you “can’t lift very much” and that you “can’t sit very long” you are going to lose. Judges expect to see MRI or CT scan reports, support from a treating doctor, on-going treatment records, and specific testimony from you about what you can and cannot do.
In this video I discuss how I approach back pain cases and some specific steps you can take to improve your chances at winning.
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Episode 23 – What is Best Strategy for Claimant With Multiple Medical Problems
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I received the following email from a gentleman named Richard who graciously agreed to permit me to respond to his questions on this blog/podcast.
You have, what I believe to be be, the most informative, no BS, Attorney site I have seen in my 3 mo quest for information…enough of the “smoke up the….”….
I have MRI, X-ray, and medical records that show back problems. I have been seeing a liver specialist. for over a year due to liver disease (he has yet to find source), I have shingles pain flares, and migraine headaches. Depression dating back several years. I have SEVERE diarrhea, that leads to incontinence, and I take 9 diff. medications a day.
All this caused me to leave my career in law enforcement 2 years ago. To top it off, I attempted suicide 02/08…About 3 mos ago, I filed for SSD. My question is this….I have kept a “pain Journal” that I show my pain management doctor, for the last 6 mos. It shows how I feel on any given day, and what i can and can’t do, in my own
words. Some days are good, some days are horrible. Should I send that to DDS?–Richard
Podcast notes and resources:
1. Social Security listings – the fastest way to win a disability case is to show that your condition meets a listing.
2. Functional capacity argument – identify specific problems that impact your work capacity
3. Mental health vs. physical medical problems – which makes for a stronger case?
4. Pain journals – when are they useful?
