SOCIAL SERVICES: Social Security Changes

SOCIAL SERVICES: Social Security Changes

Being Alive; November 1993
Fran McDonald

As many of you know, on June 29 Social Security announced new guidelines for HIV-related disability claims to be effective four days later, July 3. These changes reflect pressures from many sources, not the least being the lawsuit filed in 1990 by 19 New York state residents claiming improper denial of benefits even though they were unable to work due to HIV-related illnesses (a decision is still pending in Federal District Court in Manhattan).

If you plan to apply for Social Security, you and your doctor should be aware of the changes, as they may well make access to benefits easier and faster than before. Particular attention should be paid to the criteria now in effect for presumptive disability. It's expected that the new rules will allow l0,000 more HIV+ people to qualify for Social Security (more than 55,000 HIV+ people now receive more than $300 million in Social Security benefits annually, a sobering statistic) so this marks an important victory especially, it's predicted, for women and low-income people.

Under the new rules, establishing HIV disability is done in one of two ways: Diagnosis of one of 41 "stand-alone" illnesses (such as PCP, toxoplasmosis, KS) or disability marked by a series of chronic illnesses not as severe as the "stand-alone" illnesses but accompanied by a significant level of functional impairment. (The severity level of the illnesses is measured on the basis of frequency and duration within a one-year period. Functional impairment in daily living activities or social activities or ability to complete tasks must be demonstrated.)

There isn't room here for a complete review of the new guidelines, but the AIDS Referral Legal Panel in San Francisco and WORLD (Women Organized to Respond to Life-threatening Diseases) have both published particularly clear and succinct explanations of the changes. If you'd like copies, please call me at 213.664.4772.

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This information is designed to support, not replace, the relationship that exists between you and your doctor.
©1993. AEGIS.