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5.1. Guide to Social Security Benefits (AIDS) Part 3 -- How Does Social Security Define Disability?




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This article is from the AIDS FAQ, by Dan Greening with numerous contributions by others.

5.1. Guide to Social Security Benefits (AIDS) Part 3 -- How Does Social Security Define Disability?

In this section, we'll explain the criteria you must meet in order to
be considered "disabled." First, we'll explain in general terms how
Social Security defines and determines disability. Then we'll discuss
how it applies to people with HIV infection.

The General Definition Of Disability

Disability under Social Security is based on your inability to work
because of a medical condition. You will be considered disabled if you
are unable to do any kind of "substantial" work for which you are
suited. (Usually, monthly earnings of $500 or more are considered
substantial.) Your ability to work must be expected to last at least a
year. Or, the condition that keeps you from working must be so severe
that you are not expected to live. For children, we decide how the
condition affects their ability to function--to do the things and
behave in the ways that other children of the same age normally would.

How This Definition Of Disability Applies To People With HIV Infection

A person with symptomatic HIV infection is often severely limited in
his or her ability to work. In other words, if the evidence shows that
you have symptomatic HIV infection that severely limits your ability
to work, and if you meet the other eligibility factors, the chances
are very good that you will be able to receive Social Security or SSI
Benefits. On the other hand, some people with HIV infection may be
less impaired and able to work, so they may not be eligible for
disability.

 

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