Be affiliated and in good standing or in a situation similar to being affiliated
Posted: Wed Dec 18, 2024 7:21 am
In the case of total permanent disability, the worker is unable to perform all or the essential tasks of his or her usual profession , but can engage in another different activity. In other words, it is possible to perform any work as an employee or self-employed person in the same company or in a different one, but the same position cannot be held in the company (art. 198 LGSS).
For example : A surgeon who loses his hand would not be able to carry out his usual profession, but he could do something else.
The worker is entitled to a life pension of 55% of his regulatory base ( this may be employment database increased by 20% for those over 55 years of age). The economic effects of this benefit will begin on the day of the proposal for the declaration of permanent disability or the day after the temporary disability ends.
Beneficiary requirements
To be eligible for permanent disability, a series of requirements must be met that will depend on the degree of disability, as follows: for total permanent disability:
Not having turned 67 years old or 65 years old with 38 years and six months of contributions
Having covered a previous contribution period, if the disability is due to a common illness
When the disability is derived from an accident at work or an occupational disease , workers will be considered fully affiliated and registered, even if the employer has failed to comply with its obligations.
The economic effects
If permanent disability arises after the temporary disability has ended, the economic effects are determined at the time of qualification, that is, on the date of the INSS resolution.
If the disability is not preceded by temporary disability or the latter has not expired, the economic effects are set on the date of issue of the opinion-proposal.
Recognition of permanent disability
For the recognition of permanent disability, in this case at the total level, the following can be initiated:
Ex officio , that is, by the INSS (National Social Security Institute) when the worker has a temporary disability and has been discharged due to exhaustion of the period or because he or she is susceptible to a situation of permanent disability.
It can also be requested by the Labour Inspectorate and the Public Health Service.
At the request of the collaborating entities : they provide the worker's medical discharge, clinical history and previous file.
At the request of the interested party, that is, at the request of a party (this is the most common). The Permanent Disability application must be completed along with the documentation required in the application.
Medical discharge with a proposal for permanent disability can be suggested by the patient themselves (self-proposal), by the family doctor, by a manager (private insurance or Worker's Mutual) or by the National Social Security Institute (INSS). Once requested, it is up to the National Social Security Institute to evaluate, qualify and review said disability and thus be able to recognize the right to the corresponding contributory economic benefits for each patient according to their degree. It is also the INSS that will determine and confirm the degree of permanent disability, its modification or its extinction.
Once permanent disability has been requested, the INSS will issue a resolution recognising or not the benefit. In the event that it does not recognise it, the interested party can lodge an administrative claim against it within 30 days . Once this claim is rejected, the only option left is the judicial route.
For example : A surgeon who loses his hand would not be able to carry out his usual profession, but he could do something else.
The worker is entitled to a life pension of 55% of his regulatory base ( this may be employment database increased by 20% for those over 55 years of age). The economic effects of this benefit will begin on the day of the proposal for the declaration of permanent disability or the day after the temporary disability ends.
Beneficiary requirements
To be eligible for permanent disability, a series of requirements must be met that will depend on the degree of disability, as follows: for total permanent disability:
Not having turned 67 years old or 65 years old with 38 years and six months of contributions
Having covered a previous contribution period, if the disability is due to a common illness
When the disability is derived from an accident at work or an occupational disease , workers will be considered fully affiliated and registered, even if the employer has failed to comply with its obligations.
The economic effects
If permanent disability arises after the temporary disability has ended, the economic effects are determined at the time of qualification, that is, on the date of the INSS resolution.
If the disability is not preceded by temporary disability or the latter has not expired, the economic effects are set on the date of issue of the opinion-proposal.
Recognition of permanent disability
For the recognition of permanent disability, in this case at the total level, the following can be initiated:
Ex officio , that is, by the INSS (National Social Security Institute) when the worker has a temporary disability and has been discharged due to exhaustion of the period or because he or she is susceptible to a situation of permanent disability.
It can also be requested by the Labour Inspectorate and the Public Health Service.
At the request of the collaborating entities : they provide the worker's medical discharge, clinical history and previous file.
At the request of the interested party, that is, at the request of a party (this is the most common). The Permanent Disability application must be completed along with the documentation required in the application.
Medical discharge with a proposal for permanent disability can be suggested by the patient themselves (self-proposal), by the family doctor, by a manager (private insurance or Worker's Mutual) or by the National Social Security Institute (INSS). Once requested, it is up to the National Social Security Institute to evaluate, qualify and review said disability and thus be able to recognize the right to the corresponding contributory economic benefits for each patient according to their degree. It is also the INSS that will determine and confirm the degree of permanent disability, its modification or its extinction.
Once permanent disability has been requested, the INSS will issue a resolution recognising or not the benefit. In the event that it does not recognise it, the interested party can lodge an administrative claim against it within 30 days . Once this claim is rejected, the only option left is the judicial route.