POZ Community Forums
Main Forums => Living With HIV => Topic started by: cardsfan69 on April 08, 2011, 09:09:05 am
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What does this mean. Now if we become unemployed or even under employed can we go file for disablility?
http://www.towleroad.com/2011/03/hiv-classified-as-disability-by-eeoc.html#ixzz1IqpgM1vj
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No expert, but isn't it the same as the UK, in that is talking about that you cannot discriminate in the workplace because of somebody's HIV status.
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Don't plan to kick back in your comfy recliner just yet, dearie. I'm thinking this mostly would have to do with getting "reasonable accomodations" at work - not a new avenue to collect a check. They aren't completely ignorant of how HIV works, and they know that many people with HIV are still plenty able to work...whether they really aspire to is another matter.
Getting a disability check typically means being able to present documentation of serious physical impairment.
If that weren't the case, any tweaked out partier who took it up the pooper and got the virus would qualify - regardless of actual need.
I don't think that would be really fair.
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What does this mean. Now if we become unemployed or even under employed can we go file for disablility?
You can go on disability if you have enough medical problems to meet disability criteria but an HIV diagnosis is not going to automatically qualify you.
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I had though that HIV had been a disability since the Clinton Administration, but I could be wrong about that. And it was always an anti-discrimination thing more than actually going on disability.
I have pretty strong feelings about people who milk disability while being perfectly able to work. There is a finite amount of money out there for disability, and I feel it should be used for the people who actually need it. I see people here who are newly diagnosed, inquiring about disability and what is needed to get on it, and it gets under my skin. Disability should be used by people who really need it, not a buch of slackers who don't feel like working. I have ended several friendships over this very subject.
CaptCarl
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My wife who is a disability claims manager states that HIV is not automatic qualification. An AIDS diagnosis is considered automatic.
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I hear this talk all the time about "lazy" people taking advantage of the system. I believe the vast majority on disability are on it, because they need it. A "normal" person wants to work. People can seem perfectly healthy, but we don't know all that is going on with them. Some have really bad depression that prevents them from working. If they are caught laughing, people think there is nothing wrong with them. I know about hiding depression. I've done it and do it. Many people I know would probably be surprised I deal with depression, because I put on a good face around people. If I'm feeling depressed, I will often pretend all is well with me and force myself to fake laugh. So, I'm sure this is the case with people who are very, very depressed. Having really bad depression doesn't necessarily mean you never get out of bed. Many probably can, but on the days when they can't it gets hard to hold a job. Many employers will fire you for missing one day of work. Even those with more sick days, you only have so many before you run out. There could be many things going on with someone that doesn't show by just looking at them. I just had a poz Facebook friend post on FB that "fat people with diabetes shouldn't get disability, because they brought it on themselves." I sent him a PM asking if he would say the same about people with HIV. Many would say we brought this on ourselves, so why should we get help?
So, I don't think "normal" folks are wanting to get on disability so they can collect maybe $1,000/mth at the most. I'm sure the average is much less. For others who aren't sure of their futures, it is really scary having HIV and wondering how you're going to pay for treatment. I know everyone here knows that feeling. If you already have medical and mental issues, then disability in order to get health insurance is actually a good way to go until those people get healthier and are able to work again. I know there are those who take advantage, but I'd bet most go on it as a last resort.
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An AIDS diagnosis is considered automatic.
Even then, is there not a VL/CD4 value that the applicant must register before it is granted?
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AIDS does not automatically qualify you. I found that out when I was forced to apply by the court (child support) because I couldn't work for close to a year after my AIDS diagnosis. I was indeed a person who did not need it though, I just needed to recover.
Another example would be my friend Elaine, who finally got approved for disability one month before her death. She was diagnosed positive in 87 at the age of 17. Elaine kept applying but because she had kids even on her worst of days she had to work to provide. She said disability kept telling her that if she was able to work she didn't need disability, or at least something to that effect. I can remember her working for 8 months, basically struggling for breath, and having to miss 1 year and still not being approved. Because, she eventually, while waiting to be approved, went back to work to provide for her kids. Only there at the end, after a stroke was she finally approved. She never had the choice to stop working even during some terrible days, it stopped her from ever being approved I think. Those last years really were a struggle for her.
She would be so proud though, her son Tyler just graduated from college with honors.
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I know many people who are disablility, and well they should be. But I have also known a number of people who are on it and very clearly don't need to be on it, they just want the free ride, and I do have a problem with that. I have had friends die before qualifying, which is really fucked up, yet I have known others who were milking the system, and had been approved right away. I don't understand how this happens, and it serves to underscore how badly the system need to be overhauled.
We have a neighbor here. When you see him in town, he's hunched over in his wheelchair with is girlfriend pushing him around in the store. When you see him up at his place, he walks just fine, rides a dirt bike, and all sorts of other things he's too disabled to do. So he gets a full ride on SSDI. As an added bonus, his live in girlfriend is considered to be his "Full-time live in caregiver" so guess what? She gets a paycheck too, Between the two of them, they're clearing close to five thousand dollars a month.
Plus the money they make making meth.....
They have been turned in to Social Security, but nothing ever comes of it. We have sent in phographic, as well as videotaped evidence, but no-one seems to care. Multiply this by how many thousands of people behaving similarly, and it adds up pretty quick.
No, not everyone does this, but enough people do, and if they could be kicked off the rolls, there would be more money available for those who truly have need of it.
CaptCarl
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As an added bonus, his live in girlfriend is considered to be his "Full-time live in caregiver" so guess what? She gets a paycheck too, Between the two of them, they're clearing close to five thousand dollars a month.
Plus the money they make making meth.....
CaptCarl
:o Now that pisses me off, 5k a month WOW! ::) they should take away the SSDI, and just sell the meth ;D
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We have a neighbor here. When you see him in town, he's hunched over in his wheelchair with is girlfriend pushing him around in the store. When you see him up at his place, he walks just fine, rides a dirt bike, and all sorts of other things he's too disabled to do. So he gets a full ride on SSDI. As an added bonus, his live in girlfriend is considered to be his "Full-time live in caregiver" so guess what? She gets a paycheck too, Between the two of them, they're clearing close to five thousand dollars a month.
Plus the money they make making meth.....
From your description they definitely sound like criminals.
Most of the people I see are on the flip side of the coin. They need assistance but cannot get it. With the Republicans cutting $1 trillion dollars there will be even fewer people able to get help.
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From your description they definitely sound like criminals.
Most of the people I see are on the flip side of the coin. They need assistance but cannot get it. With the Republicans cutting $1 trillion dollars there will be even fewer people able to get help.
I hate criminals especially when they live better than I do on disability, and people who still work, that SHIT really burns my ass ??? when there are a lotta people who need help , but due to losers like this, they can't get any ::)
and don't me started on AFDC-food-stamps & medicaid, there are a lotta people that don't need that, but yet they slip thur the cracks, they system is flawed ???
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I know many people who are disablility, and well they should be. But I have also known a number of people who are on it and very clearly don't need to be on it, they just want the free ride, and I do have a problem with that. I have had friends die before qualifying, which is really fucked up, yet I have known others who were milking the system, and had been approved right away. I don't understand how this happens, and it serves to underscore how badly the system need to be overhauled.
We have a neighbor here. When you see him in town, he's hunched over in his wheelchair with is girlfriend pushing him around in the store. When you see him up at his place, he walks just fine, rides a dirt bike, and all sorts of other things he's too disabled to do. So he gets a full ride on SSDI. As an added bonus, his live in girlfriend is considered to be his "Full-time live in caregiver" so guess what? She gets a paycheck too, Between the two of them, they're clearing close to five thousand dollars a month.
Plus the money they make making meth.....
They have been turned in to Social Security, but nothing ever comes of it. We have sent in phographic, as well as videotaped evidence, but no-one seems to care. Multiply this by how many thousands of people behaving similarly, and it adds up pretty quick.
No, not everyone does this, but enough people do, and if they could be kicked off the rolls, there would be more money available for those who truly have need of it.
CaptCarl
Do they go to Tea Party demonstrations too, in the wheelchairs naturally?
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Do they go to Tea Party demonstrations too, in the wheelchairs naturally?
Watch out Miss P, the last time I went political in these forums, I really got my ass Spanked HARD, and it was my own fault , I had to just walk away, with my tail between my legs ::) so I won't go THERE ever again ::)
here's the thread in question ::) I was kinda suprziped that the Mods didn't do anything, I have never been called names that THIS before, in these forums , most of it was my own fault tho, I'll admit that :-\
http://forums.poz.com/index.php?topic=37148.msg463183#msg463183
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With the Republicans cutting $1 trillion dollars there will be even fewer people able to get help.
This is why I feel so strongly about getting scumbags like my neighbor kicked off assistance. These dollars are drying up, and the people who shouldn't be on disability are soaking up money that caould be used to help someone who needs it.
From your description they definitely sound like criminals.
They had a protector within the county. Someone who made sure that they never got in any trouble. But fortunately, that person was forcibly removed form his postion last summer, so his time may be short. We can only hope... Even the county Sheriff commented to me one day that he was surprised that no-one had taken a shot at him yet. I got the distinct impression that if someone did do such a thing, the investigation wouldn't be very thorough.
CaptCarl
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I didn't realize care-givers got SSDI checks, too. How does that work? I know people on SSDI who I need to tell about this, who could use the help for a care-giver. Is this something Medicare pays for? I know Medicaid usually covers more things as far as assistance than Medicare does. I still believe for every story about someone taking advantage, there are 10,000 other stories where the people are getting it because they deserve it. There is fraud in everything. Don't medical providers commit more Medicare fraud than people trying to get it who don't need it? The Defense Dept is full of fraud.
As for the OP, I believe anyone with an AIDS diagnosis should automatically qualify for SSDI or SSI, if they feel they need it. Or, at least have lower standards to get it. There are many with that diagnosis who go on and work 12 hours a day. Great--if they can do it. For others, they will usually have more issues with meds, side-effects, lingering effects from OIs, and depression even if their numbers get above 200.
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The last thing any HIV + person, who Is pysically able to work, should do, is lay down and play dead. There will be plenty of time for that if and when the virus actually does make that person so ill they cannot work. Just say'n.
Bertram.
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Here in the UK, it's not about whether somebody could hold down a twelve hour job, but if the person with HIV/ AIDS cannot do any form of work. That their HIV places such limitations on their lives, that they shouldn't be penalised financially, as far as possible, because they are disabled.
Nobody likes to see people cheating the system, but is anybody surprised that some people living on benefits, will do anything to increase the amount of money they have? Even if that means making spurious disability claims. Is this any different than somebody adding a few more items to a home insurance claim, or saying that their whiplash injuries are a lot worse than they really are, just to get that extra bit of cash.
I don't think that these people are living the high life. The sad thing is that such stories pit one poor person against another. For what ever reason, Governments and the authorities love to go after benefit cheats. The newspapers are always screaming about the so-called feckless, lazy, good for nothings.
But the real criminals are those who screw millions and billions out of us by not paying their taxes, taking backhanders and corruption on mindblowing levels. The guy who sits in a wheelchair to get a few more dollars is small fry when compared to these guys.
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I see people here who are newly diagnosed, inquiring about disability and what is needed to get on it, and it gets under my skin. Disability should be used by people who really need it, not a buch of slackers who don't feel like working. I have ended several friendships over this very subject.
http://ajp.psychiatryonline.org/cgi/content/full/157/8/1221
My ex and I were five year participants in the above study which looked at the effects of stress on HIV disease progression.
Long story short, the study not surprisingly found that the "slackers" enjoyed overall better health and weren't progressing on to AIDS at the same rate as those dealing with constant stress in their lives.
In a sense, going on disability could be considered a viable and effective 'treatment' option... and with significantly fewer health issues and many more years before having to start on meds, it's arguably a more financially sound option as well.
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http://ajp.psychiatryonline.org/cgi/content/full/157/8/1221
My ex and I were five year participants in the above study which looked at the effects of stress on HIV disease progression.
Long story short, the study not surprisingly found that the "slackers" enjoyed overall better health and weren't progressing on to AIDS at the same rate as those dealing with constant stress in their lives.
In a sense, going on disability could be considered a viable and effective 'treatment' option... and with significantly fewer health issues and many more years before having to start on meds, it's arguably a more financially sound option as well.
Being a "slacker", however that is defined, doesn't equate to being on disability. Going on disability is not more financially beneficial than working, particularly because being on disability limits your income. Also disability as a treatment option, because it supposedly creates less stress, makes no sense because being on a fixed income can be very stressful.
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My cd4s sky rocketed once I stopped working 8 years ago.
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because it supposedly creates less stress, makes no sense because being on a fixed income can be very stressful.
not to mention the issues of losing a major purpose/goal in one's life (going to work daily at one's profession), a loss of societal identity (what's your profession?) transferred into a new identity based upon dealing with one's illness (I'm not working today because I'm on disability, sick with HIV)
granted that disability has reduced some of my stress by giving me health care benefits and a small stable income, going 12 yrs on a very limited small income, with no job (ie daily purpose/goal), and numerous battles to avoid homelessness and/or losing utlities has kept my life in a great deal of stress over the last decade - and will continue to cause stress in the forseeable future.
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Last year when I was in the hospital I did qualify for the MIAP (Medically Indigent Assistance Program) which covered room charges for the two week stay. Any actual tests and medical procedures done while there were billed directly to me. It was not until I spoke with the resident social worker (hospital) that I knew it may be an option for me to obtain Social Security Disability. She also advised me to apply for Medicaid.
The Medicaid was shot down due to the few assets I still had, but to my surprise, I was approved 6 months later for Social Security Disability. If not for what I call my 'destitute years' before I relocated to SC, I would be stuck with a $43,000 hospital bill for that two week stay so I am actually thankful for MIAP assistance. I did have to evidence the fact that I had ZERO income from October of 08 through February of 2010. It sucks when you have to sell pretty much all of your belongings to pay for heat, gas, food, and electricity. When faced with that scenario one does find a way let me tell you.