Gardberg & Kemmerly, P.C. Attorneys at Law

CHANGES IN THE IMMUNE SYSTEM LISTINGS FOR SOCIAL SECURITY DISABILITY

CHANGES IN THE IMMUNE SYSTEM LISTINGS FOR SOCIAL SECURITY DISABILITY

The Social Security Administration issued changes to the Listing section 14.00 Immune System Disorder for Adults effective in January 17, 2017.


The main changes to this section occurred in regards to the Human immunodeficiency virus (HIV) infection. Previously this was evaluated under Listing 14.08, however, this section has been reserved and the previous listing rescinded. The new HIV listing is 14.11 which has 8 sections labeled from A to H, in which different criteria is required for someone with an HIV diagnosis.

Previously, a listing of documented side effects, resulting infections, and illnesses was listed in the criteria for evaluating a claim under the HIV listing. This list was extensive and included a scope of bacterial infections, viral infections, protozoan infections, malignant neoplasms, conditions of the skin, encephalopathy, wasting syndrome, additional infections, and repeated manifestations of HIV infection.

The current criteria is a much more condensed list of possible ailments, which will most likely affect claims for disability under the HIV listing significantly. The new listing indicates your condition must result in one of the following: multicentric Castleman disease affecting multiple groups of lymph nodes or organs containing lymphoid tissue, primary central nervous system lymphoma, primary effusion lymphoma, progressive multifocal leukoencephalopathy, pulmonary Kaposi sarcoma, absolute CD4 count of 50 cells/mm3 or less, absolute CD4 count of less than 200 cells/mm3 or CD percentage of less than 14 percent and either a BMI of less than 18.5 or hemoglobin of less than 8.0 grams per deciliter, or repeated manifestations of HIV infection with at least one marked limitation in daily activities, social functioning, or completing tasks in a timely manner.

The new HIV criteria are completely different from the previous multifactorial list of possible illnesses and effects on an individual affected by HIV. These changes will definitely affect the way an HIV claim is processed and evaluated at not just the initial level, but by an Administrative Law Judge at the hearing level. Understanding and evaluating your claim under the HIV listing will require medical record documentation and lab results in order to be properly presented before the Social Security Administration.

If you are disabled due to HIV or any other immune system disorder and in need of assistance navigating the disability process, call one of the experienced disability attorneys at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free consultation. Gardberg & Kemmerly specialize in helping the injured and disabled.

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