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Jun 9, 2004

I've currently been recieving social security and LTD for the past 2 years. Now my insurance company is sending me for a Functional Capacity Evaluation. I believe I can pass this test because I can stand, bend walk sit etc. My complaint is my low energy level. My cd4 has declined 50% in the last 2 years down to 60 and my viral load is at about 8,000 I know my insurance company is going to probably suspend my LTD payments because they are going to say my Fatigue is caused by depression. My DR says she believes my Low energy level is directly related to my Hiv/Aids and not depression. Will I have a good case to fight my insurance company if they suspend my payments after this FCE test?

Response from Ms. Franzoi

You should discuss this with your doctor and possibly an LTD attorney who could give you a better idea of whether or not your cyurrent health status would qualify you for disability benefits.

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