Additional SSDI question
Apr 2, 2013
I read the questions and responses about the SSDI letter dated Jan 21, 2013 and the additional question and response about this same matter dated Feb 21, 2013 by a different author. I do have an additional question.
In your response I read the information about POMS DI 34001.036F and the statement about having AIDS/HIV. I want to make sure I understand this. Does this mean that Social Security Disability should NEVER do a CDR if you have AIDS/HIV as a primary diagnosis on or after 1991? What if you have that diagnosis but become undetectable but still have other diagnosis's related to AIDS/HIV?
Response from Mr. Chambers
Yes, there should be no CDR (continuing medical reviews) if your primary diagnosis is HIV/AIDS. However, I can't say it never happens. I have encountered situations where the local office has told beneficiaries that since they got the CDR, they need to complete and return it, and in those cases it is still processed. .
Social Security doesn't change diagnoses once the claim is approved, so the rule still applies even if other conditions are what are keeping you from working.
By the way, I'm not sure how much longer this provision will last. With the new treatments and the successes of getting the symptoms removed or erased, it is just a matter of time before that rule is rescinded. However, given the long delay with Social Security keeping up with current medical practice, it could still be around a while.
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