HIV/AIDS and Disability

Great advances have been made in the treatment of Acquired Immune Deficiency Syndrome (AIDS) since its rapid spread began in the late 1980s. It is now viewed by most medical professionals as a chronic long term illness, and life expectancy for the majority of HIV-positive individuals is close to that of their peers who do not have the illness.

Unfortunately for AIDS patients and the disability lawyers who represent them, there is a common misconception that the new medical treatments have eliminated the need to provide disability benefits for those with AIDS-related illnesses.

Nothing could be further from the truth for AIDS patients who may have any number of AIDS-related illnesses. These include pneumocystic pneumonia, cytomegalovirus (CMV), severe diarrhea, chronic fatigue, peripheral neuropathy, and muscle wasting that can turn a simple activity like sitting at a desk into a painful experience.

Other medical problems can arise as side effects of the antiretroviral drug therapies. More than 25 possible side effects have been observed, including lipodystrophy (a buffalo hump in the neck), severe stomach upset and vomiting, migraines, and anemia.

The challenge for disability lawyers is to prove that these illnesses are in fact disabling, since the AIDS patient may be able to work part-time. In situations where an employee with AIDS must be relied upon to perform specific functions at specific times, or must be physically present at their job for 8 hours a day, the employer can begin to see the limitations of this complex of illnesses.

Nevertheless, disability insurance companies have begun to terminate the benefits of AIDS patients. In the recent case of Jenkins vs. Price Waterhouse, an Illinois court upheld the decision of the CIGNA insurance company to terminate benefits for an AIDS patient who had been receiving disability payments since 1994. CIGNA found a number of physicians who argued that Mr. Jenkins’ condition had stabilized to the point where he could work for 8 hours a day.

If you believe you have been disabled from work due to illnesses related to AIDS or HIV, or if your benefits have been terminated by your insurance company, contact the disability experts at ERISA Law Group for a free consultation.