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Am I disabled?
Apr 1, 2001

Thank you for providing a valuable resource. I was diagnosed with full-blown AIDS last November when I came down with a severe case of PCP. Since then, my strength has gradually improved. After a three month recuperation, I am working full time once again. However, I don't know how long I can continue this -- the side of effects of the meds, fatigue, etc., raise the possibility of going on disability. My question is this.... Does having AIDS and the fact that I have had Opportunistic infections make the determination of disability "automatic"?? I guess what I'm afraid of is the insurance carrier "forcing" me to work until I end up in the hospital again....

Thanks so much for your response to my question.

Response from Mr. Berg

Unfortunately, nothing is "automatic" with disability insurance carriers. HIV/AIDS is evaluated under the same scrutiney as other chronic conditions. Given the range of treatment outcomes, disability determinations are individually based. What they are looking for is the severity of your symptoms and how they impact your ability to perform your work duties on a regular and consistent basis as defined in the policy. Viral load and Tcell counts alone don't carry alot of weight. Certainly side effects, chronic symptoms and a history of opportunistic infections are all evaluated accordingly. They don't expect you to be on your deathbed to qualify for benefits. On the other hand, they don't pay benefits on a preventative basis if symptoms don't support the disability definition. When making a disability claim, I always recommend that an outline be made listing symptoms and how they impact specific work duties.



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