Marc Whitehead & Associates

HIV/AIDS Disability Benefits

If your claim for HIV/AIDS disability benefits were denied, the attorneys at Marc Whitehead & Associates can help. We have been dedicated to this work since 1992, and have assisted many people with HIV to obtain the disability benefits they so desperately need. Whether your claim was denied by an insurance company, Social Security, or the VA, don't let them win without a fight.

Individuals living with HIV or AIDS disability endure a life-threatening condition in which their immune system is seriously impaired. HIV stands for Human immunodeficiency virus. People who have been infected with HIV may experience mild, flu-like symptoms for several weeks. As the disease spreads and the virus builds in the blood stream, symptoms may increase to include weight loss, persistent diarrhea, fatigue and weakness, cough, fever, and shortness of breath.

Without treatment for HIV, the infection progresses to AIDS (acquired immune deficiency syndrome) usually in about 10 years. This progression from HIV to AIDS happens as the HIV virus destroys CD4 cells, also called T-helper cells. These white blood cells help your body fight disease.

Winning a claim for HIV/AIDS disability benefits can be difficult on your own.

HIV-positive and AIDS patients now have better medical treatment and anti-viral drugs available to them. Although this can lead to longer, improved lives, thousands of people live every day with serious HIV/AIDS disability from the disease itself, compounded by illnesses related to the disease, and side effects of treatment.

By the time a person is diagnosed with AIDS, their immune system has been severely damaged. Infections, cancers or other conditions that might not harm a healthy person are able to invade an AIDS patient's unhealthy immune system and cause severe or fatal illness.

If you need help getting the benefits you need, contact us for vigilant help with your claim.

Social Security Disability Claims for HIV/AIDS Disability

Claims for HIV or AIDS disability compensation under Social Security Disability can be complicated. If Social Security denied your claim, contact Marc Whitehead & Associates at 800.562.9830. We are Board Certified in Social Security Disability Law, and have significant experience in helping HIV/AIDS victims receive the benefits that are rightfully theirs.

Social Security will first evaluate disability based on your medical information. The Social Security Listing of Impairments lists HIV/AIDS under Immune System Disorders listing 14.08 Human immunodeficiency virus (HIV) infection. This outlines the medical criteria that qualify an HIV or AIDS patient for benefits.

Social Security states that in order for claims for HIV-AIDS disability to meet the medical listing, one of the following disorders must also be present:

• Bacterial infections
• Fungal infections
• Protozoan or helminthic infections
• Viral infections
• Malignant neoplasms (cancerous tumors)
• Specific conditions of the skin or mucous membranes, with lesions that do not respond to treatment
• HIV encephalopathy
• Tuberculosis
• HIV wasting syndrome
• Extreme, persistent diarrhea
• Meningitis, pneumonia, sepsis, septic arthritis, endocarditis, sinusitis
• Repeated occurrences of HIV infection

Social Security criteria for HIV disability insurance also allows for medication side effects and long-term HIV-related conditions.

Claims for HIV/AIDS disability benefits should provide documentation of HIV infection, including a thorough medical history that explains when the illness became disabling. A medical report should describe examinations, treatment, laboratory findings, HIV testing, diagnosis and prognosis. It is also very important that your medical report gives details about your ability to perform work-related activities.

The task of preparing a properly documented disability claim for AIDS or HIV can be overwhelming. But whether Social Security bases their denial on medical evidence or your ability to work, you must not give up. We know what it takes to overturn a denial for HIV/AIDS disability, and are fully prepared to help you appeal your Social Security Disability claim and secure the benefits you need.

Veterans Claims for HIV/AIDS Disability Benefits

Our firm serves injured and disabled soldiers throughout the United States. If you have met resistance from the VA on your claim for disability compensation for HIV or AIDS, please be in touch with us. We are Accredited Veterans Claim Attorneys, and can represent you at all levels of the VA disability system.

The VA rater will comply with the Schedule for Rating Disabilities when deciding the level of a veteran’s service-connected disability. HIV/AIDS is listed under Infectious diseases, immune disorders and nutritional deficiencies.

Veteran's claims for HIV can be a long, legalistic process. HIV/AIDS disability must be proven to have been contracted during service, even if symptoms only appeared after discharge. Military medical records, and also evidence from non-military sources, can be used to establish this.

When being considered for disability benefits, veterans are forced to endure a very complicated and frustrating application process. Even if an initial claim was submitted properly, most are denied and the veteran is forced to appeal. An already unsatisfactory process becomes worse, as appeals can take years to complete, leaving a disabled veteran with no answers.

We encourage veterans to speak with us the moment they have a denial for any claim. We will ensure your claim gets the attention it deserves from the VA. We will assess your claim for free and give you a knowledgeable, straightforward opinion as to your chances to win your appeal.

HIV/AIDS Disability Claims under Long Term Insurance

Disability insurance companies often deny claims, or terminate existing claims for AIDS patients. They will argue from many angles.

Insurers may deny your claim from the premise that medical treatments have stabilized your condition to where you can work full time. They will argue that HIV is a pre-existing condition, or that your medical records do not prove that you are disabled.

Marc Whitehead & Associates is a disability law firm with significant experience in the internal claims handling and process of all major disability insurance companies and their affiliates. We handle both ERISA disability and private disability claims.

If you have been denied by your insurance provider for an HIV/AIDS disability claim, we can help you make a strong and valid appeal for benefits. The insurance company hopes that you will give up. Do not give up; instead, allow us to review your claim, at no charge or obligation.

We welcome your call.

Respected legal counsel fighting on your behalf can make a tremendous difference. If your claim has been unfairly denied by the Department of Veterans Affairs, Social Security or your insurance provider, talk with our HIV-AIDS disability lawyers.