Are people with HIV and AIDS immediately approved for disability?

No, a diagnosis of HIV or AIDs by itself is not a basis for approval. As always, cases may be approved on the basis of residual functional capacity and vocational factors (age, education, work history).

And in the case of HIV, there are a couple of listings that apply: 14.07 Immune deficiency disorders, excluding HIV infection, and 14.08 Human immunodeficiency virus (HIV) infection. Both listings focus on infection. As always, the emphasis is on the impact the condition has on one's health and function.

The diagnosis by itself does not result in approval. That is true for nearly every condition. There are conditions that lead to faster approval because, medically, the outcome is not statistically favorable. That's why SSA has conditions that fall under "compassionate allowance"0 (this can be looked up online) and cases that are marked as TERI (teminal). Those cases get fast-tracked.

About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.

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