Under Social Security’s regulations, a person is considered disabled if they have a medically determinable severe impairment which prevents them from working and has lasted or is expected to last at least twelve consecutive months or is expected to end in death.
Social Security has enacted a listing of impairments, with very specifically defined medical criteria, that are considered disabling if met. One if these listings sets forth specific severity-based criteria for patients with HIV virus.
According to a ruling issued in 1993, if a claimant meets the criteria for this listing, their condition is considered permanent or expected to end in death, and the evidence otherwise required under the regulations in order to meet the duration requirement is not needed. See SSR 93-2p.
Much progress has been made in treating this illness since the time this ruling came out. Here is hoping for continued progress and a cure.
This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.