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HIV & AIDS Disability Claims

HIV, Human Immunodeficiency Virus, is a virus that weakens the immune system by destroying the CD4 cells, often referred to as “T-cells.” Over time, if too many of these cells are destroyed, the body cannot fight off infections or diseases. While there is still no cure for HIV, in many cases the disease can be managed through the use of antiretroviral therapy (ART), if taken as prescribed. HIV can be slowed or prevented from progressing from one stage to the next.

If you have filed a long-term disability claim and have been denied, or if the insurance company is asking for what seems like an overly large amount of medical records, we invite you to call our office at 877-583-2524 to learn how we can help you with your claim.

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Sorry, we do not handle SSDI/Social Security claims.

Frankel & Newfield does not currently handle any Social Security Disability Insurance claims.


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This is about a Social Security Disability claim.

There are three stages to the disease:

  • Stage 1 – Acute HIV Infection, within 2 to 4 weeks after infection, when the person feels like they have a flu that lasts for weeks. Some people don’t feel sick at all. This is when people are the most contagious.
  • Stage 2 – Clinical latency, HIV inactivity or dormancy – HIV is still active but reproducing at a very slow level. This period lasts for different amounts of time. With medication, some people last this way for decades. The afflicted person is still contagious during this phase.
  • Stage 3 – AIDS, or Acquired immunodeficiency syndrome – This is the most severe phase of the disease. Some people may live as long as three years after this phase without treatment and are extremely contagious.
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Today HIV/AIDs is not an immediate death sentence, but it is still a very serious disease that can be fatal if not treated. People being treated for HIV/AIDs have to take their disease and their treatment seriously. This often means being out from work, filing a short or long-term disability claim.

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Disability insurance companies deal with HIV/AIDs claims in much the same way they do with many other chronic conditions: they push back against claims, requesting additional medical records and questioning whether the person is malingering or really could resume their work life.


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If you have HIV/AIDs and have filed a disability claim, you should be prepared for the claim to be delayed through requests for copious medical records, or denied outright. You’ll want to speak with an experienced disability insurance attorney who has worked with HIV/AIDs patients and understands the challenges that you face from the disease and from the insurance company.

Call our office today at 877-583-2524 to talk about your HIV/AIDs disability, your disability insurance policy and how we can help protect your claim. If you have already filed a claim and it has been denied, you have a limited amount of time to appeal your claim so do not delay.

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Justin C Frankel

Written By:

Justin C. Frankel - Disability Insurance Attorney

Justin Frankel is a founding partner of the disability insurance law firm Frankel & Newfield and is a highly skilled litigator and advocate. He has published numerous articles on the challenges facing clients with private or individual disability insurance policies and those who own group or ERISA disability insurance policies.

Learn more about Justin | See Justin’s Publications

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