5.1. Guide to Social Security Benefits (AIDS) Part 5 -- How Do You File For Disability Benefits
Description
This article is from the AIDS FAQ, by Dan Greening with numerous contributions by others.
5.1. Guide to Social Security Benefits (AIDS) Part 5 -- How Do You File For Disability Benefits
You apply for Social Security and SSI disability benefits by calling
or visiting any Social Security office. All Social Security files are
kept strictly confidential. It would help if you have certain
documents with you when you apply. But don't delay filing because you
don't have all the information you need. We'll help you get the rest
of it after you sign up. The information you'll need may include:
o your Social Security number and birth certificate;
o the Social Security numbers and birth certificates for family
members signing up on your record; and
o a copy of your most recent W-2 form (or your tax return if you're
self-employed).
If you're signing up for SSI, you will need to provide records that
show that your income and assets are below the SSI limits. This might
include such things as bank statements, rent receipts, care
registration, etc.
You'll also need to give us information about how your condition
affects your daily activities, the names and addresses of your doctors
and clinics where you've received treatment, and a summary of the kind
of work you've done in the last 15 years. If you have medical evidence
such as reports of blood tests, laboratory work, or a physical, it
would be helpful if you brought them with you. In the section below
(What You Can Do to Expedite the Processing of Your Claim), we give
you some guidelines for providing us with medical and vocational
information that will help speed up your claim. But first, we want you
to know what Social Security does to make the process work as smoothly
as possible.
What Steps Has Social Security Taken To Ensure Prompt Processing And
Payment Of Disability Benefits?
All HIV infection claims are given prompt attention and priority
handling. For many people applying for SSI with a medical diagnosis of
symptomatic HIV infection, the law allows us to PRESUME they are
disabled. This permits us to pay up to 6 months of benefits pending a
final decision on the claim. You will qualify for this immediate
payment if:
o a medical source confirms that the HIV infection is severe enough to
meet SSA's criteria;
o you meet the other SSI nonmedical eligibility requirements; and
o you are not doing "substantial" work (See section, "The General
Definition of Disability" in Part 3).
If you have symptomatic HIV infection but the local Social Security
office cannot provide immediate payment, a disability evaluation
specialist at the DDS may still make a "presumptive" disability
decision at any point in the process where the evidence suggests a
high likelihood that your claim will be approved. (If we later decide
you are not disabled, you will NOT have to pay back the money you
received.)
Special arrangements have been made with a number of AIDS service
organizations, advocacy groups, and medical facilities to help us get
the evidence we need to streamline the claims process. And many DDS's
have Medical/Professional Relations Officers who work directly with
these organizations to make this process work smoothly.
What You Can Do To Expedite The Processing Of Your Claim
You can play an active and important role in ensuring that your claim
is processed accurately and quickly. The best advice we can give you
is to keep thorough records that document the symptoms of your illness
and how it affects your daily activities, and then to provide all of
this information to Social Security when you file your claim. Below
are some guidelines you can follow:
o Document the symptoms of your illness early and often
Use a calendar to jot down brief notes about how you feel on each
day. Record any of your usual activities you could not do on any given
day. Be specific. And don't forget to include any psychological or
mental problems.
o Help your doctor help you
Not all doctors may be aware of all the kinds of information we need
to document your disability. Ask your doctor or other health care
professional to track the course of your symptoms in detail over time
and to keep a thorough record of any evidence of fatigue, depression,
forgetfulness, dizziness, and other hard-to-document symptoms.
o Keep records of how your illness affected you on the job
If you were working, but lost your job because of your illness, make
notes that describe what it is about your condition that forced you to
stop working.
o Give us copies of all these records when you file
In addition to these records, be sure to list the names, addresses,
and phone numbers of all the doctors, clinics, and hospitals you have
been to since your illness began. Include your patient or treatment
identification number if you know it. Also include the names,
addresses, and phone numbers of any other people who have information
about your illness.
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