.

.

Kendra S. Kleber & Associates represents people living with HIV/AIDS who are applying for Social Security disability benefits. All of our work is for the benefit of people living with HIV/AIDS, and Social Security cases are a special part of that work. If you are HIV-positive, and you are not able to work because of your health, you may be eligible for Social Security disability benefits, and we may be able to help.

The Social Security Administration is the federal agency that administers programs for retirement, and for people with disabilities.

Social Security Programs for people with disabilities.

The programs that are most often involved for people with HIV are:

    (1) Social Security Disability Insurance Benefits (SSDI) are available if you have paid payroll taxes for five out of the last ten years. Your finances and assets are not considered. You must not be working. Medicare health insurance starts 24 months after the first check.

    (2) Supplemental Security Income (SSI) is available if you are disabled and have resources worth less than $2,000 (not including a house, furnishings or a car). Your work history is not considered, but you must not be working. Medicaid starts immediately.

(back to top)

I have HIV. Am I considered disabled?

You are "disabled" if you are not working and you are unable to do any kind of work for which you are suited (based on your age, medical condition, abilities, training, education and the past 15 years of your work history) and your disability is expected to last for at least a year or will result in death. (Note: In 1993, the Social Security Administration decided that it will assume that HIV will last at least a year. So if you are HIV-positive, then you meet that one part of the test. You'll still have to prove that you meet the rest of the test, though.)

(back to top)

I have AIDS. Am I considered disabled?

Not automatically. HIV/AIDS affects each person differently, so it makes sense that your doctor and other care providers evaluate your condition individually based on how you are doing. It is the same thing with Social Security. The law requires that Social Security "conduct an individualized assessment" of your disability. That means they have to consider how HIV/AIDS affects you, as one single individual person. And that means that there cannot be (and there is not) a single rule that says if you have AIDS then you get Social Security benefits.

You are "disabled" if you are not working and you are unable to do any kind of work for which you are suited (based on your age, medical condition, abilities, training, education and the past 15 years of your work history) and your disability is expected to last for at least a year or will result in death. (Note: In 1993, the Social Security Administration decided that it will assume that HIV will last at least a year. So if you are HIV-positive, then you meet that one part of the test. You'll still have to prove that you meet the rest of the test, though.)

(back to top)

How long does Social Security take?

Social Security processes claims from across the country. It may take 3-4 months to process your application, 3-6 more months to process a reconsideration, and then 10-24 months before a hearing is scheduled if you are denied and you appeal. (Yes, that says "24.")

        (**According to Social Security, nationally 36 out of 100 initial applications were approved. Of the 64 denials, only 22 people appealed.)

After the hearing, there may be a 2-4 month wait for the judge to issue a written decision on your case.

        (**According to Social Security of the 22 appeals, 3 are approved at Reconsideration, which is an interim appeal step. Of the remaining 19 appeals, 12 are approved after a hearing with a judge but 7 are denied again.)

If you are successful, your first benefits check should arrive within 1-3 months after you receive the written decision.

        (**According to Social Security, of the 7 people who are denied after a hearing with a judge, only 3 appeal to the next level, the Appeals Council.)

If you are not successful and the judge rules against you, you can appeal that decision to the Appeals Council, which will review the documents in your file and decide if the judge made a mistake.

        (**According to Social Security, of the 3 cases appealed to the Appeals Council, 1 is approved. It is not clear how many of the 2 who are denied appeal again, to federal court. That means that out of the original 100 claims, 52 are ultimately approved.)

If the Appeals Council rules against you, you may be able to file a lawsuit in federal court to appeal. The Appeals Council review can take up to a year, and so can federal court.

Please note that this is a very general guideline and can be very different in your part of the country depending on the number of claims being processed in your region.

If you have HIV and your condition is grave, Kendra S. Kleber & Associates will ask Social Security to consider your claim more quickly because of your illness.

** We are not making this up. See the most recent proof, "Fiscal Year 2005 Flow of Cases through the Disability Process"  at the Social Security website.

(back to top)

Isn't there a way to speed this up in a medical emergency?

It may be possible to get disability benefits fast if you are very, very sick. The long answer is complex, and if you call the office then Kendra can explain it to you. The short answer is this:

You need to have your disability claim approved. That obviously means that somebody who has the authority to approve it has to look at your paperwork, and believe you, and have all of the paperwork they need to make a decision on your application. They can make a permanent decision, or they can make a temporary decision, but either type of decision takes the same sort of information.

There are three times when your application is actually being looked at by somebody who has the authority to make either a permanent or a temporary decision on  your claim. Those times are (1) when you apply with an interviewer at a Social Security Field Office, (2) when your application is reviewed by the Disability Determination Service, or (3) when a judge (or a judge's staff attorney or other senior staffperson acting for the judge) reviews your case.

Applying in person means you have a chance right then to convince the interviewer. If you can't, then Disability Determination Services gets your claim and you have a chance to convince them based on the information in your file. And if you are denied and you appeal, then your next chance is to convince the judge at the hearing. Kendra S. Kleber & Associates can help you get ready for each of these three opportunities, but the advice we will give you and the approach we will take on your claim depends completely on your case and your condition. There is no way to write a page of instructions that is as thorough as actually talking about your questions. Perhaps you should call us.

(back to top)

Is there any way to speed this up in a financial emergency?

Generally, no. Social Security disability benefits are for people who are disabled and unable to work. While it is true that your finances and your assets are considered in deciding if you are eligible for SSI (Supplemental Security Income), having no resources does not give you a "better" claim than having just a very few resources. As with a medical emergency, the complete answer to this is fairly complex. If you call the office then Kendra can explain it to you, and what we can do to help.

The short answer is that this process of applying for disability benefits takes months. Do not plan on getting approved fast. We will do everything we can to get your claim approved as fast as possible, but it is going to take longer than you want. Promise.

(back to top)

Do I need a lawyer?

You have the right to have a lawyer represent you. A lawyer’s help is not essential, but national statistics (from the National Organization of Social Security Representatives) show that people represented by attorneys are successful more often, and faster.

Social Security limits the fee that a private attorney, law firm or legal aid agency can charge for helping you. Your fee to Kendra S. Kleber & Associates comes from the money Social Security owes you: there is no fee unless you win.

(back to top)

How can a lawyer help me?

Whether you hire a lawyer or a legal aid agency to help you, you should understand what a lawyer can do for you and your claim. Kendra S. Kleber & Associates will perform these services as a part of our work on your claim:

• Collect medical, work and other evidence;
• Analyze your case under the law and Social Security regulations;
• Explain the law to your doctor and request reports that are consistent with the regulations;
• Submit written arguments to Social Security that explains HIV/AIDS and your particular disabilities;
• Advise you on how to prepare yourself for the hearing;
• Protect your right to a fair hearing by objecting to improper evidence;
• Cross examine witnesses at the hearing;
• Present a closing statement at your hearing, arguing that you are eligible for benefits; and
• Make sure that your benefits start promptly and properly if and when your claim is approved.

This diagram, in an Adobe-readable PDF file, shows how the disability process works.

(back to top)

How important is a lawyer who understands HIV and my health?

Not all attorneys practice in all areas of the law, and Social Security procedures are complicated. Therefore, it makes sense to work with an attorney who is familiar with Social Security law and cases.

Here's one way to look at it. If your goal is to qualify for disability benefits, then the process requires that you explain your disability to Social Security to justify your claim. Social Security will need to understand you, and your disability, and how you fit within the legal definitions of "disabled."  These three things - law + HIV + you - all have to be explained in a way that makes it clear that you are disabled and should get disability benefits.

  You understand your disability, and how it affects you. You've determined that you don't know enough about Social Security disability. You are the expert on "you." You may or may not be an expert on HIV, and you may not be able to explain it to anybody else. You don't know about Social Security and the law, so you want to hire help.

  You are applying to Social Security, which is operated by people who understand Social Security law and their part of the application process. They may or may not understand HIV, and the only thing they know about you is what is in your file. They are the experts on Social Security law.

  You want to hire a lawyer, so you call a Social Security attorney. That person doesn't know anything about you until you start to tell them. They may not know anything about HIV, but they do probably know a lot about Social Security. Your lawyer is the expert on Social Security law, and you pay them to become an expert on "you." And you may have to pay them to become an expert on HIV.

To get your disability claim approved, Social Security has to understand you, and they have to understand how HIV affects you now and in the past and how it is likely to affect you in the future. They already know the law.

You probably already know far more about HIV and AIDS then you ever wanted to learn. You already know that there are many things about HIV that affect people differently, just like you know that there may have been times in your life with HIV when it affected you more severely than other times. This is typical of HIV and we know it, even though it may look to someone who doesn't know anything about HIV that your disease comes and goes, sometimes is a problem and sometimes is not a problem.

You probably know that you are susceptible to all sorts of health problems that never used to bother you, and that you can catch someone else's cold in a second. This is also typical and we know it, even though it may look to someone who doesn't know anything about HIV that you're just one of those people who gets lots of sinus infections and you should just take better care of yourself and dress warmer.

You probably know that the side effects of the medications can be horrible, and often have a great impact on your ability to just leave the house. This is also typical, and we know this, too. But someone who doesn't understand about HIV and the medications is not likely to be very sympathetic towards a little diarrhea or stomach upset, since they've had the flu before and they think they know what it means.

Understanding HIV means knowing what questions to ask you and your doctor, and what to look for in your medical records. It means understanding that when you say you "have a little problem with nightmares" that Social Security needs to hear about night terrors, and night sweats, and fatigue, and how your sleep is interrupted, which may mean that you have to nap during the day, which may mean that you can only stay awake for 3-4 hours at a time but you can only ever sleep for 1-2 hours at a time.

Someone who doesn't understand HIV may just tell Social Security that you "have a little problem with nightmares." 

Someone who does understand HIV will know that there is more to the story, and that Social Security needs to hear about it because it all fits together to explain why you can't work.

At Kleber & Associates, our HIV-focused legal experience allows us to ask the questions that get the answers that prove your claim meets the legal requirements of Social Security. We know the law, you know you, and we know how to help you teach us about how HIV affects you. We can explain HIV to Social Security, because nobody has to explain HIV to us. We read, and study, and talk to experts all the time so that we can explain the impact of HIV/AIDS on you and your life.

(back to top)

The Social Security disability application process

The process of getting an application for benefits approved takes longer than it has to for one simple reason: You have to prove your claim for benefits is valid, and  collecting proof takes time. The more proof you collect, and provide to Social Security, the less they have to do before they can make a decision on your claim.

And here's another fact of life: You have one disability claim to worry about. The Social Security Administration has millions. Since that's just the way it is, proving your claim has to be your job. If you don't want to be bothered, or can't take the time to figure out what is necessary, or don't hire somebody to worry about it for you, then the process is going to take as long as possible.

Prepare to Apply: Download a sample Social Security application so you can review the questions before you actually apply. We've posted a copy of the application here, in Adobe-readable PDF format.  (If you don't have Adobe, go get it. Many websites that provide downloadable files like this provide the link for you, but we're busy putting up things that are not available all over the internet.) Social Security Application

There is plenty more that you can do to prepare for the application, and we have suggestions and ideas for every step of the process. To learn some more general advice about the process, keep reading and explore the rest of this website. To hire practical help for your specific situation, contact Kendra S. Kleber & Associates.

Apply: Make an appointment to go to the local Social Security office. You can make that appointment by calling the national Social Security number, (800) 772-1213, or you could scoot over to the Social Security website at ssa.gov and follow the links to find the list of offices in your state. You will find the local office's phone number, and a map, and other useful information.

Approximately 48% of all applications are denied, but you can improve your odds if you prepare. When you go apply, take with you:

• Your Social Security card and a certified (original) birth certificate;
• W-2 forms for the last 2 years if you had wages during those years;
• Name and address of your last employer and the date when you quit working;
• Name and address of all of the doctors, including specialists, surgeons, physical therapists, counselors, therapists, and social workers you’ve seen since your disability started (or at least the last 3-5 years);
• List of all medications you take; and
• List of all hospitals, clinics, urgent care centers and anywhere else you have been treated, either inpatient or outpatient.

Note: Social Security can take your application online, at http://www.ssa.gov/online/forms.html. Scroll down the page to Prepare for your interview, then click on Application for Disability Benefits Online. If you choose to file online, keep careful notes about when you filed, what you said, and print each screen. And then plan on contacting Social Security through your local office (NOT the 800 number) to make sure that they received the application.

Your application and file will be sent to the Disability Determination Service where claim specialists will get medical records from the health care providers that you listed. The process of collecting and reviewing your medical records can take weeks or months, and depends to a great extent on how fast your doctors respond to the Administration's request for records. Here's a hint: tell your doctor what you're doing!

(back to top)

The process of appealing Social Security's denial of your application

If your application is denied, you can appeal that decision. It is in your interest to have your claim cover the greatest amount of time possible, and to get it approved as fast as possible. To do that, you will probably have to appeal the denial. As you are figuring out what to do next, consider talking to an attorney about the best way to protect your rights. Of course, we believe that the attorney you call should be us: but most importantly, act fast to protect yourself. Social Security gives you about 60 days to appeal your denied claim, and that time can fly.

It is not too early to consult with Kendra S. Kleber & Associates before you appeal the denial. We can help the entire process move faster if you contact us as early as possible in the appeal process. We can review your application with you, help you prepare your request for appeal, work with the Social Security Administration, and move your appeal forward as fast as possible.

Once you receive your denial letter, you will usually have 60 days to ask for a reconsideration. A different claims specialist will then review your file and make a second decision on your claim. Nationally, only about 15% of all claims are approved at this point. Note: this reconsideration stage is in use in parts of the country. Your denial letter from Social Security will explain the process you have to go through to appeal the denial, and you may go through reconsideration or go right to an appeal hearing. Here's another hint: read your denial letter carefully, and if you don't understand what it means then get help. You could, for instance, call us.

If your claim is denied again, you will usually have 60 days to ask for an appeal hearing. The months between your request for an appeal and the actual hearing are critically important to the success of your claim. Kendra S. Kleber & Associates will work with you, your doctors and the judge's staff to give you every opportunity possible for approval before or at the hearing.

Hearing: A hearing is your chance to tell your story to a judge. An Administrative Law Judge will meet with you and listen to personal testimony from you and your witnesses (if any). Kendra will give an opening statement that summarizes your claim and describes how your condition meets the Social Security disability guidelines. A vocational expert hired by Social Security will review your file and will answer questions from Kendra and the judge about jobs in the national economy that you may be able to perform.

Once your claim has been denied, aggressive assistance can make a difference in how fast your appeal is handled, and the outcome. Kendra S. Kleber & Associates is prepared to handle this work for you and help you prove your claim. Call and talk to us about your situation.

(back to top)

How do I prove my disability claim?

To prove your claim for disability benefits is valid, you need to know the secrets. And Kendra "wrote the book" on disability claims for people living with HIV/AIDS. Learn more about that book, "Social Security Secrets." Read the book.

People who never went to law school can learn and use "The Secrets" too, and Kendra teaches a training that can be adapted for people living with HIV, case managers and client advocates. Learn more about that training program, here.

(back to top)

Give me one reason I should hire you.

We've developed a list of 8 Reasons this law firm should be your choice for HIV/AIDS Social Security claims. (And no, we saw no value in making up two more just because ten is a nicer, rounder number.)

(back to top)

Attorney fees

Attorney fees in Social Security (SSDI) and SSI cases are limited by Congress, and there must be a written fee agreement that is approved by the Social Security Administration when a claim is approved. Fees may be no more than 25% of any retroactive benefit which you receive, to a maximum of $5,300.

After your claim is approved we will bill you for the cost of office expenses and medical records which have been required in preparing your case. If we feel it is necessary and you agree, we may hire an expert to examine you and provide an opinion to Social Security during your case. The cost of that examination will be billed as a cost of the case, but you will know about it and agree to it, ahead of time.

There is no fee until and unless your claim is approved. There is no charge for the initial consultation, while you decide if you want to hire us. There is no charge for the investigation we will conduct to determine how we can help you. There is no charge for our ordinary travel expenses related to your case, because you should be able to hire the help you need without worrying about the distance between our office and your home.

If you are thinking about filing an application for benefits, or if your claim has already been denied and you want to appeal, call us. Asking really is free, and the answers may surprise you.

(back to top)

I don't live in Michigan. Can you help me?

Yes! Social Security is a national program, and it makes no difference to the Social Security Administration where your attorney's office is located. They may think that it is odd that your lawyer's office is hundreds of miles away from your home, but they will also assume that there is some really good reason for it. The fact that Kendra only helps people with this one particular disability is a good reason to explain why you hired an out-of-town lawyer.

The system is designed to be convenient for you, with Social Security Administration offices all over the country. Disability benefits claims are handled locally, near your home. Usually, the Social Security Administration Field Office nearest you will take your application and handle the initial processing of your claim.

Appeals are handled regionally. If your claim is denied and you appeal that decision, your claim will be assigned to a hearing office in your region, usually within 75 miles of your home. And Kendra S. Kleber & Associates will come to that hearing to represent you, if a hearing is necessary.

We handle your case through the mail, and on the phone. When we need to meet with you personally, we will come to you. If there is a place in your town that sells coffee and is convenient for you, then that can be our "conference room." And if you are too ill to go that far, then we can make arrangements to meet with you at your doctor's office, before or after your next appointment.  

(back to top)

How do I hire you to work for me?

You call and ask nicely, or you send us an email. You will talk to Kendra, and while she gathers information and figures out what help you need, you will decide if you want to hire us. If you and Kendra agree, we will conduct a brief investigation of your claim. Depending on the timing and where you are in the application/appeal process, that investigation may be as short as the first phone call or it may require getting some information from your doctor or your HIV case manager.

Kendra S. Kleber & Associates only helps people living with HIV/AIDS and only on Social Security disability benefits claims. To get started working for you, we need some verification from your infectious disease doctor that you really are HIV-positive, and that their opinion really is that you should not be working. Call and talk to us, and let us get to work for you.

(back to top)

Take the next step. Contact Kendra S. Kleber & Associates for help with your Social Security disability claim.

888-629-3660 (within Michigan) or 248-591-0301.