More than 980,000 cases of AIDS have been reported in the United States. Each year more than 40,000 men and woman are diagnosed.
Disability insurance companies don’t always make it easy for policyholders who have HIV AIDS to get the disability benefits they deserve. There are many reasons carriers deny claims.
How Disability Carriers View HIV AIDS Disability Claims
Disability carriers often argue that the pre-existing condition clause in your policy excludes coverage, or that benefits are limited under the subjective limitation clause. Pain, fatigue and diarrhea are the most disabling symptoms, but they are subjective complaints. Carriers routinely dispute them.
It is not uncommon for policyholders to have had HIV AIDS for years and not been disabled. You will have to overcome the carrier’s argument that you have been working with these problems for years and nothing has changed. It is crucial that your medical records develop the progression of your symptoms.
Carriers also may argue that treatment will allow you to continue to work so you couldn’t possibly be disabled.
As a result, many disability claims for HIV AIDS are denied. And carriers have other reasons to deny claims. The disability insurance company will say:
(1) There is no objective basis of the HIV AIDS diagnosis,
(2) There is no objective basis for the restrictions and limitations assigned by your physician, or
(3) There is no causal relationship between your HIV AIDS and/or your restrictions and limitations, and your inability to do your own or any occupation.
It takes detailed planning and preparation to be successful in an HIV AIDS claim.
Nancy Cavey, who has 35 years experience handling disability cases, has successfully represented many policyholders with HIV AIDS. She overcomes a claims denial by working closely with you and your physician.
She often employs a vocational expert to address the disability carrier’s argument that you have been able to work for years, or that there is no vocational reason you can’t work in your own or any occupation, despite your inability to come to work each day.
She offers a free initial consultation and welcomes the opportunity to speak with you about your disability claim.
HIV/AIDS and Disability
HIV, or human immunodeficiency virus, attacks the immune system and causes the person to become sick with infections their body normally would fight off. AIDS, or acquired immune deficiency syndrome, is the most advanced stage of the HIV disease.
The first stage of HIV can include swollen glands in the throat, armpit, or groin with slight fever, headaches, fatigue and muscle aches that last several weeks. There are usually no symptoms for an average of 10 years.
If HIV develops into AIDS, the symptoms can include:
The progression of the disease and these symptoms must be fully developed in your medical records. You should provide your physician with a history of how your symptoms have changed and how those symptoms have interfered with your ability to do the material and substantial duties of your own occupation or any occupation. Don’t forget to tell your physician about all the side effects of medication you have and how it makes it difficult for you to work.
How To Win Your HIV AIDS Disability Claim
The development and progression of your HIV AIDS must be documented in your medical records together with information about how your symptoms impact your ability to function at home and at work. You can’t just stop working and claim disability if your medical records don’t document how your symptoms have become disabling.
You must get treatment from a specialist, because carriers also will argue that your physician isn’t qualified to render opinions in your claim or that you aren’t getting the right type of treatment.
If your physician doesn’t support your claim, it is time to change physicians.
How Do I Get The Disability Insurance Benefits I Deserve?
HIV/AIDS can interfere with your daily activities and with your ability to work. If you no longer can work because of HIV/AIDS or your doctor has told you to apply for disability benefits, you should take steps before you apply:
Contact Disability Attorney Nancy L. Cavey, Who Can Help You Regardless of Where You Live
HIV/AIDS can make it difficult, if not impossible, to work. You owe it to yourself and your family to get help today! Nancy Cavey can review your policy and your medical records, and explain to you what your policy says and how to get your disability benefits. Call today for a free consultation at 727-894-3188.