If you are living with HIV, it is important to be aware of your legal rights. Despite many years of education and awareness, there still remains a lot of stigma against persons living with HIV. Discrimination and unfair treatment are common but should not be tolerated. Please feel free to download, print and share the following resources.
- Georgia Legal Services Program
Web site has information on:
- Consumer law
- Criminal Law & Personal Injury
- Marriage, divorce, custody, child support and adoption
- Health Insurance
- Housing, Apartments, Home Loans, Home Repairs, Discrimination
- Immigration problems
- Social Security, TANF and Welfare
- Wills, Living Wills, Estates, Charitable Donations
- Unemployment Benefits, Work Problems, Starting a Business
- AIDS Legal Project of Atlanta Legal Aid
This project assists persons living with HIV/AIDS, cancer and Lou Gehrig's disease gain access to income, health care, housing, and self-empowerment through wills and advance directives. The special intake line for the AIDS Legal Project and The Cancer and ALS Legal Initiative is (404) 614-3969.
- The ADA: Americans with Disabilities Act
Excerpt from this file:
"Both Section 504 and the Americans with Disabilities Act (the "ADA") prohibit covered entities from discriminating against persons with disabilities in the provision of benefits or services or the conduct of programs or activities on the basis of their disability. Section 504 applies to programs or activities that receive Federal financial assistance. Title II of the ADA covers all of the services, programs, and activities conducted by public entities (state and local governments, departments, agencies, etc.), including licensing. (…) Physical or mental impairments include, but are not limited to: visual, speech, and hearing impairments; mental retardation, emotional illness, and specific learning disabilities; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; orthopedic conditions; cancer; heart disease; diabetes; and contagious and noncontagious diseases such as tuberculosis and HIV disease (whether symptomatic or asymptomatic)."
- Your Health Information Privacy Rights
Excerpt from this file:
"You have privacy rights under a federal law that protects your health information. These rights are important for you to know. You can exercise these rights, ask questions about them, and file a complaint if you think your rights are being denied or your health information isn't being protected."
- HIV and Your Rights
Excerpt from this file:
"Discrimination against people who have HIV infection (or who are thought to have HIV infection) occurs. If you believe you have been discriminated against (or are about to be discriminated against) you need to decide: What you can do to protect yourself; How you can organize a plan of action; and What laws protect you. (…) How can you spot discrimination? You may say to yourself, "something isn't right here." You may feel as if people are treating you unfairly or differently. You may be afraid to complain about this treatment, or you may be remembering the way other people have been treated after they had made a complaint. Trust your feelings! If you feel that something isn't right about the way you are being treated, that's reason enough to assume discrimination. You need to start looking at ways to stop it."
- HIV Housing Discrimination
Excerpt from this file:
"If you have been denied your housing rights, you may have experienced unlawful discrimination. It is unlawful to discriminate in housing based on any of these factors: Race; Color; National origin; Religion; Sex; Familial status (families with children under the age of 18, or who are expecting a child); Handicap / Disability (if you or someone close to you has a disability). If you believe your rights have been violated, HUD or a State or local fair housing agency is ready to help you file a complaint. After your information is received, HUD or a State or local fair housing agency will contact you to discuss the concerns you raise."
- Social Security and HIV
Excerpt from this file:
"People with HIV/AIDS may qualify for disability benefits from the Social Security Administration under two programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The medical eligibility rules for receiving SSDI and SSI are the same, but there are some differences between these two programs. (...) To be disabled you must have a medical condition that is expected to last at least a year or end in death, and is serious enough to prevent you from doing substantial work. Monthly earnings of $500 or more are considered an indication of substantial work. If you can no longer work and your medical records show that the problems you are having are severe enough, the chances are very good that you will be found disabled."
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