Public Benefits Access

In the United States, people living with HIV may secure Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and other public benefits. Since HIV and its treatment can be debilitating, and because many of those affected are low-income, access to such benefits is essential for many people with HIV.

This HIV Policy Resource Bank category includes materials on topics such as meeting the Social Security Administration (SSA) definitions and conditions ("listings") of disability to quality for benefits, and how to handle SSA's reliance on reports of an applicant's/recipient's unresolved warrant to block benefits (the "fleeing felon" issue). Other materials address citizenship requirements, disability caused by medication side effects, benefits for prisoners, compassionate allowances for certain conditions, SSA medical reports, and residual functional capacity (RFC).

Highlighted Resources
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Know Your Rights: HIV and Housing, The Center for HIV Law and Policy (2010)

June 8, 2010
Resource

Department of Health and Human Services v. State of Florida - Amicus Brief, Supreme Court of the United States (January 13, 2012)

January 13, 2012
Resources and Related Content
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Garnes v. Barnhart, 352 F. Supp. 2d 1059 (N.D. Cal. 2004)

January 10, 2007
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Fowlkes v. Adamec, 432 F.3d 90 (2d Cir. 2005)

January 10, 2007
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Have You Seen a Fleeing Felon? Social Security Administration Targets SSI Recipients With Outstanding Warrants, Gerry McIntyre, Clearinghouse Review (2003)

January 10, 2007
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The Fugitive Felon Rules, National Senior Citizen Law Center (2005)

January 10, 2007
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Letter to the Social Security Commissioner Regarding Proposed Regulations Governing Nonpayment of Benefits to Fugitive Felons and Probation or Parole Violators, National Senior Citizens Law Center (2006)

January 10, 2007
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Letter to the Social Security Commissioner Regarding Proposed Regulations Governing Nonpayment of Benefits to Fugitive Felons and Probation or Parole Violators, Judge Mary C. Morgan, Superior Court of California (2006)

January 10, 2007
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Letter to the Social Security Commissioner Regarding Proposed Regulations Governing Nonpayment of Benefits to Fugitive Felons and Probation or Parole Violators, Michael Judge, Chief Public Defender of Los Angeles County

January 10, 2007