Is HIV a Disability? Disability Benefits for People Living with HIV

Important: We updated this article in June 2025 after fact checking against current Social Security Administration policies and data. If you’re diagnosed with human immunodeficiency virus (HIV), you might feel like your world is crashing down. But thanks to modern medical advances, living with HIV is easier than ever before. But if you’re struggling to hold down a full-time job with your symptoms, you might wonder: Is HIV a disability? And if it is, does that mean I can get special accommodations at work… or qualify for monthly disability benefits?

The good news is, we can answer yes to both of those questions. If you’re unable to work because your HIV/AIDS symptoms, then you might qualify for disability payments from the Social Security Administration (SSA). Providing your signs, symptoms, lab findings, and other information is essential to help them reach a decision. They then evaluate each case on an individual basis.

Thanks to the amazing treatments available today, many people living with HIV have no symptoms at all. So, most HIV patients only need temporary benefits until their condition stabilizes. (Unfortunately, no federal government programs pay short-term or temporary disability.) But if you didn’t get a diagnosis until late in your infection, then you may qualify for Social Security disability benefits.

Getting Disability Benefits for Living with HIV/AIDS: Key Takeaways

• It’s a lot harder now than it used to be for people living with HIV to get monthly disability benefits. This is mainly due to the major advances in medical treatment for people living with HIV infection.
• You must show you’re unable to work for a minimum of 12 months to get federal disability payments. You’ll also need to show medical documentation that proves your health issues specifically forced you to stop working.
• Your health issues alone won’t get you monthly benefits. Instead, you’ll have to pass certain other requirements related to your work history and monthly income.
• Other types of disability benefits may be available to you, depending on where you live and your military service background. These include VA disability, STD or LTD payments as part of your employer’s benefits package, or temporary benefits in some states.
• It’s much easier to be considered disabled by the Social Security Administration once you’re at least 50 years old. Be sure to list all your health issues and medications on your claim, which can help improve your approval odds.
• You’re 3x more likely to get benefits within 180 days if an attorney files your application paperwork. Less than 1 in 5 people who apply without legal assistance get federal disability benefits. Those who eventually do must appeal 2-3 times and wait up to three years to receive their first payment.

What is HIV (Human Immunodeficiency Virus)?

HIV is a virus that attacks and gradually weakens your body’s immune system over time. It requires sharing certain bodily fluids with another person to spread the infection, like sexual contact. You can also get HIV from a transfusion or organ transplant involving infected blood or tissue, or sharing needles with an infected person.

Today, taking antiretroviral therapy (ART) medication can can reduce the virus to undetectable amounts in your blood. However, there is no cure, and once you have HIV, it’s for life.

The Difference Between Living with HIV Infection and an AIDS Diagnosis

There are three stages to HIV infection, which are:

1. Acute HIV (typically 2-4 weeks after initial infection). You might feel like you have the flu, a bad cold, or no symptoms at all. However, the viral load in your blood is very high and you’re extremely contagious during this period.
2. Chronic HIV infection (can last indefinitely, including for life with antiretroviral therapy). With the right medical care at this stage, you might never reach stage 3 (AIDS) or transmit it to another person. Untreated, many people stay in Stage 2 for 10+ years, while others progress to Stage 3 and an AIDS diagnosis much faster.
3. AIDS (Acquired Immunodeficiency Syndrome). Stage 3 typically is the most severe, and AIDS makes the virus highly transmissible to others. You’ll receive an AIDS diagnosis once your CD4 cell count falls below 200 cells per millimeter of blood. Average survival rates go down significantly once you progress to AIDS, as you’re much more prone to severe infections and illnesses.

Disability Evaluation Criteria from the Social Security Administration (SSA)

The SSA pays benefits to HIV-positive Americans from two different federal disability programs: SSDI and SSI. The first is the Social Security Disability Insurance program (SSDI, or SSD). This is for those who have paid Social Security taxes. The second program is the Supplemental Security Income program (SSI) and is for those with little income and resources. It is possible to qualify for benefits from both programs.

Technical Eligibility Criteria for Social Security Disability Insurance (SSDI) Benefits Claims

Before the SSA ever looks at your medical condition, first, they’ll need to confirm your technical eligibility for SSDI. All the following must be true before the SSA reviews any medical evidence for your SSDI claim:

• You have at least 40 Social Security work credits before you apply for SSDI. This means you worked at least 5 in the last 10 years while paying Social Security taxes on your job income.
• You’re not currently receiving any other Social Security benefits, like early or regular retirement. SSDI payments automatically turn into regular Social Security retirement when you turn 67 years old. If you already get those payments (or decided to draw them early between ages 62-67), you won’t qualify for SSDI.
• Your individual monthly income is less than $1,620 if you’re sighted or $2,700 if you’re blind. They won’t look at things like your spouse or roommate’s income when checking this requirement.
• You have a medical condition that prevents you from working in any job for at least 12 months. If you need to take less than a year off work for a temporary health problem, you’re not eligible for SSDI payments.

Important: Because there’s a work history requirement for SSDI, the program doesn’t pay benefits to disabled children.

Technical Rules to Qualify for Supplemental Security Income (SSI) Benefits

This federal program pays disability benefits to blind and disabled children and adults with very limited income and few assets. But those at least 65 years old can also potentially qualify for SSI if they meet the financial eligibility requirements:

• Household income must fall below $2,019 to qualify for SSI. That means the SSA looks at every person’s income who lives inside your home, combined.
• You must own less than $2,000 in assets ($3,000 for couples) that you can easily sell for cash. The agency doesn’t count certain things towards that total, like wedding rings, one car, your furniture and appliances, etc.

Important: If you’re younger than 64, you must also prove you’re blind or disabled and cannot work for 12+ months. But at 65, you only have to worry about the above rules when you apply for SSI.

Is HIV a Disability According to the Social Security Administration?

Yes, but only if you meet the medical eligibility criteria listed in Blue Book Section 14.11, Human Immunodeficiency Virus (HIV). The rules in Social Security listings are a lot more complex than simply testing HIV-positive on a blood test.

And before they ever look at your medical records, the SSA will first review your technical eligibility for disability benefits. These vary depending on whether you’re applying for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI). Assuming you do meet those requirements, then your medical evaluation happens next.

SSA Disability Requirements for People Living with HIV/AIDS

Generally, the SSA determines you’re disabled using something called a consultative exam. When you apply for benefits, they’ll contact the Disability Determination Services (DDS) office in your state. That DDS office then schedules a medical exam with an independent doctor you’ve never seen before. This DDS doctor will review any medical evidence submitted with your disability claim. You will also get a notification by mail to appear for a medical exam with that same doctor.

This process ensures that the SSA assesses your condition in a timely manner, even if you don’t submit medical records. If that doctor determines you’re disabled, they will recommend hat the SSA award you monthly payments.

Pro Tip: To speed things up and improve your chances of approval, submit complete medical records with your application. If you can’t afford to see a doctor or buy copies of medical records, an attorney can cover those costs.

How Hard is It to Get Disability for HIV/AIDS?

The SSA requires a thorough medical evaluation to determine whether or not you’re disabled. This includes a definitive diagnosis along with signs, symptoms, and lab findings. They also want to know how your HIV diagnosis affects your ability to work. Health professionals should review Providing Medical Evidence for Individuals with Human Immunodeficiency Virus (HIV) Infection for health professionals who submit these records to the SSA. It details what is required to receive benefits.

Statistically, just 1% of people getting federal disability payments in 2023 qualified due to an infectious disease. However, that seemingly small percentage represents 85,984 disabled people nationwide.

Which HIV/AIDS Symptoms Might Limit Your Ability to Work?

Anything that causes functional limitations are what you should focus on here, and in your disability for HIV/AIDS application. Functional limitations means anything that impacts your daily living or ability to work 40 hours per week.

If you’re in the early HIV infection stages or taking antiretroviral therapy, you can probably still work. But in some cases, work might become more difficult for you based on your symptoms. So, is HIV a disability that’s protected under the Americans with Disabilities Act (ADA)? Yes, and your employer cannot legally discriminate against you if they learn about your diagnosis. You may ask for a reasonable accommodation under ADA guidelines to continue working as long as you can.

Some people don’t find out they have HIV until it’s advanced to full-blown AIDS. If that happens to you, certain symptoms can make working full time much harder. Some symptoms that fit this description might include:

• Opportunistic infections, such as pneumonia, shingles, tuberculosis, and certain cancers.
• Losing 10% or more of your body weight. This can happen from chronic diarrhea, recurring fevers, depression, anxiety, or oral thrush infections.
• Constant, severe fatigue, which is not the same thing as being “really tired” that gets better with enough rest.

Other HIV-Associated Conditions That Might Help You Get Social Security Disability Payments

Primary Effusion Lymphoma (PEL)

This aggressive blood cancer commonly affects people living with HIV/AIDS or human herpesvirus-8 infections (HHV-8). PEL makes fluid build up in your body cavities, such as your lungs, the space around your abdominal organs and your heart. You can find the Blue Book listing for PEL here.

HIV-Associated Dementia

Once HIV virus spreads to your brain, it can affect your cognitive abilities and cause issues like memory loss and trouble concentrating. HIV-associated neurocognitive disorders (HAND) affect anywhere from 4% to 15% of diagnosed patients.

Cardiovascular Disease

Even with antiretroviral therapy, people living with HIV infection are far more prone to cardiovascular disease risk. Studies show you’re far more likely to have any of the following heart conditions after receiving an HIV diagnosis:

• Heart attacks
• Strokes
• Heart failure
• Arrhythmia or atrial fibrillation (A-Fib)
• Hypertension (i.e., high blood pressure)

Medical Evidence You’ll Need for Your HIV/AIDS Disability Claim

The SSA needs to see this medical evidence during your disability evaluation to award you benefits:

• Test results that provide confirmed documentation of your HIV infection. This is a simple blood test that shows human immunodeficiency virus is present.
• Lab test results showing your CD4 count is less than 50 per mm3. In layman’s terms, that means your white blood cell count for the specific types of cells that fight off infections are dangerously low. Most people without an HIV infection have 500-1500 of these per mm3 in their bloodstream.
• You were hospitalized at least 3 times in the past 12 months to treat HIV/AIDS complications. Each hospitalization must last for at least 48 hours to count, and they must happen 30 or more days apart from one another.
• You have a disabling HIV-associated condition that’s listed somewhere in the SSA’s Blue Book (or your symptoms equal one of those). This gets a little harder to explain, so check for the related conditions and descriptions we listed down below.

How to Apply for Social Security Disability Benefits from the SSA

You have a few different ways to file your application for disability benefits:

1. Apply online at SSA.gov (SSDI benefits claims only). Unfortunately, it’s not possible to file for SSI benefits online anywhere at this time.
2. File in person at your local Social Security office (SSDI or SSI claims). You’ll need to call ahead for an appointment and plan to spend 4-5 hours there, minimum, filling out paperwork.
3. Get a Social Security attorney to file your application for free. Attorneys can help with SSDI or SSI, and they’re most likely to shorten your wait for benefits to 6 months or less.

SSDI Benefits: Pay Amounts, Health Insurance, and More Helpful Info

In 2025, the most SSDI money you can get under federal law is $4,018. However, it’s rare for anyone to get that much SSDI money each month.

Nationwide, average SSDI monthly income is currently $1,580. Assuming the SSA approves your claim, you can likely expect payments that fall somewhere between those two dollar amounts.

In addition, the SSDI program pays benefits to eligible dependent family members. So, your husband or wife and any children younger than 18 can also get SSDI payments. These monthly benefits equal no more than 50% of your SSDI benefit, or 180% of your amount per household.

Two years (24 months) after your SSDI benefits begin, you’ll also automatically qualify for Medicare health insurance. Depending on which state you live in, however, you may have to apply for that coverage separately.

SSI Benefits: Pay Amounts, Health Insurance, and Other Programs To Know About

If you’re found disabled and qualify for SSI benefits, the maximum pay amount for one person in 2025 is $967. Unfortunately, SSI doesn’t pay family benefits to dependents, but you can get payments for a disabled child with no work history.

Approved couples, however, can receive up to $1,450 per month. In addition to these cash payments, you’ll also qualify for Medicaid and food stamps (SNAP benefits) after SSI approval.

Medicaid coverage starts the same month your SSI payments begin. Other programs that may be available to you after SSI approval include:

• TANF (Temporary Assistance for Needy Families)
• LIHEAP (this is a federal program that helps pay your energy-related utility bills)
• HUD/Section 8 housing resources

Work with a Disability Lawyer to Triple Your Approval Odds On Your First Try

An experienced Social Security attorney near you can help you determine which program(s) you’re eligible for, if any. Having an attorney file your paperwork also makes you 3x more likely to win benefits the first time you apply. Denied benefits once already? An attorney can help you potentially get payments through a winning appeal.

Want to find out if you may qualify for HIV disability benefits before you apply? Click the button below to start your free online benefits evaluation now:

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