As explained below, the experienced New York disability attorneys at Riemer Hess can help you gather the evidence you need to present a compelling disability claim.
HIV, or human immunodeficiency virus, is a virus that attacks the body’s immune system. It is a progressive disease, with AIDS (Autoimmune Deficiency Syndrome) being the final stage of the HIV infection.
Generally speaking, to qualify for long term disability you must prove that your medical condition prevents you from working (either in your own occupation or in all occupations, subject to your policy).
Whether or not your HIV is considered a “disability” in the eyes of your insurance company depends on your symptoms, their severity and frequency, and how they interfere with performing your job duties.
At the onset of HIV infection, a person may experience few symptoms. Over time, however, the symptoms of HIV may include:
If HIV develops into AIDS, these symptoms may become more severe. Moreover, because a person with AIDS has a severely compromised immune system, they are more vulnerable to opportunistic infections and life-threatening diseases, such as pneumonia and certain types of cancer.
Even if the majority of your disabling symptoms derive from the medications taken to treat your HIV/AIDS, these are considered part of your disabling condition. Make sure to account for all medication side effects when filing your long term disability claim.
In general, there are three hurdles to proving that your HIV is disabling:
In order to overcome these obstacles and obtain disability insurance benefits for HIV, you must demonstrate that your condition has progressed to the point that it prevents you from performing the material duties of your job.
When evaluating your claim, your insurance company will weigh medical evidence most heavily. Medical evidence to substantiate your HIV claim can include:
Your insurance company will also take into consideration your own information, documentation, and statements. Medical records do not always encompass all the ways your HIV symptoms interfere with your occupational duties. Other evidence you can submit with your claim includes:
Beyond medical evidence from your doctor and your own statements, your insurance company will accept—and even seek—information from third parties regarding your HIV.
This third party evidence can include:
Filing for long term disability for HIV can be challenging; your insurance company may be skeptical of your symptoms and their severity, underestimate the effects of your medications, and not take into account both physical and cognitive impairments.
An experienced long term disability insurance attorney can help. While your insurance company will ask your employer to provide basic information, at Riemer Hess we will dig deeper to develop a detailed and accurate description of your actual job duties and the nature of the working environment.
Your insurance company will ask the doctor to fill out a pre-printed Physician Statement. We will help your doctor do better than that by providing him with a Residual Functional Capacity Questionnaire. The Questionnaire will provide us with much more detailed information about your HIV status, your symptoms and treatment, and your ability to function relevant to your specific job duties
Additionally, we can also substantiate your HIV claim through other testing, such as a Neuropsychological Evaluation. We have experience with HIV cases and know what evidence your insurance company requires to approve disability benefits.
If you are suffering from HIV and considering long term disability, or if you have already been denied disability benefits but have HIV, our New York long term disability lawyers can help. Call Riemer Hess LLC at (212) 297-0700 for a consultation on your disability case.