Reprinted with the permission of Aspen Publishers, from AIDS and the Law, Fourth Edition, 2008-2010, www.aspenpublishers.com

§ 9.01 Introduction

§ 9.02 Disability Income Programs

[A] Social Security Disability Insurance (SSDI)

[1] Eligibility

[2] Benefit

[3] Relevance for Health Care

[4] SSDI and Immigration Status

[B] Supplemental Security Income (SSI)

[1] Eligibility

[2] Benefit

[3] Presumptive Benefits

[4] Relevance for Health Care

[5] SSI and Immigration Status

§ 9.03 Social Security Procedure

[A] Initial Claims

[B] State Agency Disability Evaluation

[C] Reconsideration

[D] Administrative Law Judge Hearing (ALJ)

[E] Appeals Council

[F] Judicial Review

[G] Disability Improvement Service (DSI)

[1] Quick Disability Determinations (QDD)

[2] Federal Reviewing Official and Medical and Vocational Expert Unit (MVEU)

[3] Decision Review Board

[4] Administrative Law Judge Hearing Level

[5] Human Immunodeficiency Virus/Auto-Immune Disorder (HIV/AI) Demonstration Project

§ 9.04 Sequential Evaluation of Disability Claims

[A] Substantial Gainful Activity (SGA)

[B] Severe Impairment

[C] Meeting or Equaling the Listings

[D] Past Relevant Work

[E] Other Work

§ 9.05 Social Security’s Listings for HIV Disability

[A] Disability Standard for Adults with HIV

[1] Opportunistic and Indicator Diseases (Stand-Alone Conditions)

[2] Repeated Manifestations plus Functional Impairment

[3] Irrelevance of CD4 Counts

[B] Disability Standard for Children with HIV

[1] Opportunistic and Indicator Diseases (Stand-Alone Conditions)

[2] Other Manifestations plus Functional Impairment

§ 9.06 Disability Based on Mental Illness

§ 9.07 Disability Based on Substance Abuse

§ 9.08 Practice Pointers for Proving Disability

[A] Intake Interview

[B] Working with Physicians

[C] Persuasive Writing

[D] Working with SSA and State Agency Personnel

[E] Advocacy at Hearings

[1] Prepare Direct Examination

[2] Prepare Cross-Examination

[3] Prepare the Client

[4] Post-hearing

[5] Attorney’s Fees

[F] Working with Chemically Dependent Clients

§ 9.09 Social Security Post-entitlement Issues

[A] Overpayments

[B] Fleeing Felon Exclusions

[C] Representative Payee Problems

[D] Continuing Disability Review (CDR)

[E] Returning to Work

[1] Trial Work

[2] Extended Period of Eligibility

[3] Expedited Reinstatement

[4] Earned Income Exclusion

[5] Extended Medicaid Eligibility

[6] Impairment-Related Work Expenses (IRWE)

[7] Plan for Achieving Self-Support (PASS)

§ 9.10 Veterans’ Disability and Health Benefits

[A] Who Is a Veteran?

[B] Service-Connected Compensation

[C] Non-Service-Connected Pension

[D] Special Monthly Pension

[E] Special Issue of HIV and Willful Misconduct

[F] Relationship of VA Income to SSDI/SSI

[G] Application Procedure

[H] Veterans’ Health Care Programs

§ 9.11 Medicaid

[A] General Eligibility Standards

[1] Linkage

[2] Income and Resources

[3] Residence

[4] Immigration Status

[5] Spend-Down or Share of Cost

[B] General Coverage and Scope of Services

[C] Retroactivity

[D] Medicaid Payment of Health Insurance Premiums

[E] Claim Processing and Fair Hearing Rights

[F] Transfer-of-Assets Penalties

[1] Treatment of Trusts

[2] Liens and Claims

§ 9.12 Medicare

[A] Medicare Parts A and B

[B] Medicare Part D

[1] Standard Benefit

[2] Low-Income Subsidy (LIS)

[3] Prescription Drug Plans (PDPs)

[4] Formularies

§ 9.13 HIV-Specific Public Health Programs