HALSA - The HIV/AIDS Legal Services Alliance
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Success! CD4 of Two = DISABLED

Finally, HALSA worked aggressively for a 54 year old client who, just 1 year ago, had a T-Cell count of only TWO. This year, her T-Cell count remains below 40. She has had multiple Opportunistic Infections including Esophageal Candidiasis and HIV Wasting Syndrome. Her doctor believes she also is developing AIDS Dementia. On March 17, 2004, the Social Security Administration denied her request for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. In that written decision, the Social Security Administration noted that she had AIDS, candida esophagitis, wasting, anemia and cognitive problems. The decision, however, read "at this time you have no significant complications of HIV...There is no evidence of opportunistic disease." She then lost all of her personal possessions when she was unable to pay the storage fees and they were sold at auction. Because the medical records clearly showed multiple Opportunistic Infections, HALSA requested a decision "On The Record" (without a full hearing) from the Administrative Law Judge who was assigned to hear the case. Surprisingly, this was refused, and instead, the Administrative Law Judge sent the case back to the lower Social Security determination level, to assess her mental health. Then her entire medical case file was lost in transit by the Social Security Administration. HALSA reconstructed the file from the medical records which HALSA already had obtained directly from the client's treating HIV / AIDS doctor. In late October 2004, HALSA finally received notice that her claim was approved, retroactive to 2003.


Other News Stories

11/11/2004 - Social Security and the New Fleeing Felon Rules
11/01/2004 - Success! SSDI + VA
11/01/2004 - Success! CD4 of Two = DISABLED
08/27/2004 - Success! HIV + Developmental Disability


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HALSA incorporated in the State of California and obtained non-profit status in February 2002.

Copyright © 2004, 2005 HALSA - HIV & AIDS Legal Services Alliance., Inc. All rights reserved.