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FMLA AND SSA DISABILITY
Jul 13, 2002

ihave been hiv+ now aids for many years(18), generally i have been healthy, within the past five years i have tried to tolerate the many drugs that are given for the 3 drug cocktails, the side effects are really horrific, and my doctor is forever changing too something new, when i apply for disability i am denied (twice) each time is because i must work to support myself during the process when you apply for disability, now that i have fmla on my job and are out intermittenly, my question is.......can i apply for disability and work using fmla when needed....and the ssa consider approving disability...your answer would greatly be appreciated .

Response from Ms. Franzoi

In order to qualify for Social Security disability, you are going to have to have certification from a doctor that you are unable to work. The fact that you are working would most likely disqualify you under the Social Security rules. However, once you qualify for Social Security disability, there are provisions within that law that would allow you to return to work and still receive some benefits if you are working on an intermittent basis.



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