Feb 13, 2011
I'm am HIV positive can I receive disability?
| Response from Mr. Van Essen
Not soley based upon on an HIV positive status. There are many definitions of disability and they differ from program to program. For instance, Social Security Disability requires that you are unable to perform "substantial gainful activity" due to an illness, injury or condition that has lasted and/or is expected to last 12 months or more and/or end in death. HIV in and of itself does not qualify. There are many people who are HIV+ but have no functional limitations resulting from their status and therefore can sustain gainful employment. Others, however, who cannot sustain gainful employment because of "functional limitations" resulint from HIV/AIDS could be determined to be disabled by Social Security. Go to Social Security www.ssa.gov for more information about Social Security Disability Benefits.
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