Disability Retirement is a way out for people who get sick over the years and are unable to work for the rest of their lives.
It is natural for some people to get sick, whether due to genetics or accidents on or off the job. Do you agree with me?
If you have an illness that prevents you from doing your job, do you think you will lose your right to retire?
To answer this question and more, I have prepared a Complete Guide to Disability Retirement .
Thus, you will be aware of all your rights and requirements for this benefit.
1. What is Disability Retirement?
Table of Contents
Retirement for Permanent Disability, or Retirement for Disability Retirement, is the social security benefit, from the INSS, intended for people who are totally and permanently incapacitated to perform any work.
This includes the impossibility for the insured person to be rehabilitated in another profession, because the incapacity prevents him from doing so.
Case (1): Joe’s example
José works as a mechanic in a multinational car company.
Once, while José was messing with a car that was suspended, the vehicle ended up falling and hitting his right arm.
Joseph’s arm had to be amputated.
Unfortunately, José will no longer be able to work as a mechanic, as he needs both of his hands to work.
It turns out, however, that the expert report said that he can work in professions that do not require the use of both upper limbs.
An example of this, therefore, would be José working in administrative functions within this multinational company where he already works.
Case (2): Peter’s example
In the case of Pedro, who is an electrician , there was a technical problem on the ladder while he was fixing a light pole.
This problem resulted in the fall of the insured Pedro, who became quadriplegic, according to the expert report .
Can you see that Pedro will no longer be able to work as an electrician ?
Furthermore, he cannot even be rehabilitated into another job or function.
Which of the two will be entitled to Disability Retirement?
If you answered Pedro , you got it right.
José will be able to be rehabilitated in another profession, even after the accident that caused the amputation of his arm.
Pedro, no, he is quadriplegic and will not be able to perform any work function, according to the doctor’s report.
Attention: disabling illnesses or accidents do not have to be the result of work activities.
Injuries/diseases can also be caused by genetic predisposition, accidents outside the work environment, among other causes.
If Pedro had not had an accident, but suffered from a high level of schizophrenia that increased over the years, the doctor would certify that Pedro would no longer be able to work anywhere.
I mean, it’s the same thing.
2. Will I have the benefit for life?
I need to say that this benefit is valid as long as your disability persists.
The INSS can carry out a medical examination every year to confirm whether you are still totally and permanently disabled , as in the case of the INSS Pente-Fino.
This rule does not apply to:
- He is 60 years old.
- You are over 55 years of age and have 15 years of disability benefit (Disability Retirement or Sickness Benefit).
- HIV/AIDS carriers.
In my view, the Government got this rule right, because it protects the rights of the elderly.
3. Disability Retirement Requirements
Like all other INSS retirement benefits , Disability Retirement also has its own requirements.
To get Disability Pension, you need to:
- Have a minimum grace period of 12 months.
- Be contributing to the INSS at the time the disease incapacitates you.
- Be in the grace period.
- Be receiving social security benefit (except Accident Allowance).
- Being totally and permanently unable to work.
- Disability needs to be duly proven through an expert medical report. That is, you must be incapable of doing your usual job and cannot be rehabilitated in other professions.
It is worth saying that the requirements are the same for men and women.
There are, however, 3 hypotheses in which you will not need to prove the deficiency to be entitled to Disability Retirement:
- Accident of any nature.
- Accident or illness at work.
- When you are affected by any disease specified in the list of the Ministry of Health and the Ministry of Labor and Social Security as a serious, irreversible and disabling disease.
Regarding the latter hypothesis, the specified diseases are:
- Active tuberculosis.
- Mental alienation.
- Multiple sclerosis.
- Severe liver disease.
- Malignant neoplasm.
- Blindness or monocular vision.
- Irreversible and disabling paralysis.
- Severe heart disease.
- Parkinson’s disease.
- Ankylosing spondyloarthritis.
- Severe nephropathy, advanced stage of Paget’s disease (osteitis deformans).
- Acquired Immune Deficiency Syndrome (AIDS).
- Radiation contamination, based on conclusion of specialized medicine.
- Stroke (acute).
- Surgical acute abdomen.
That is, if you have any of these diseases, you do not need to prove 12 months of grace period.
4. How the Concession Process works
Now that I’ve explained everything about what Retirement for Disability is (Permanent Disability ) and what you need to have to get it, I’m going to show you how the granting process works.
First, when you need to be away from work due to an illness/accident, it is necessary, initially, to go to a doctor so that he can certify your total or partial incapacity for work.
If you need to stay away for more than 15 days (in the case of CLT and independent employees), you will need to schedule a medical examination, with an INSS doctor, so that the expert can assess you and inform you:
- Foresight about the type of illness you are suffering from.
- How long will it take to stay away from usual work.
- Possible partial or permanent disabilities.
Important : these 15 days do not need to be consecutive , because you can also add 15 days in a maximum period of 60 days.
If you are insured as an individual, optional taxpayer, independent worker or domestic employee, you can file a request for a medical examination at the INSS as soon as you become incapacitated.
In the expertise, the doctor will be able to:
- Attest to temporary inability to work, granting Sickness Allowance.
- Attest to total and permanent incapacity for work, being granted Retirement for Permanent Disability .
- Attest to the capacity, which the worker should return to work.
After that, if you are in the second hypothesis and fulfill the requirements shown in the previous topic, you will be entitled to the Disability Retirement benefit .
Do you know what can also happen?
In the medical examination, the expert can attest that you are totally and temporarily unable to work, as I said just now.
In this case, you will be entitled to Sickness Allowance.
However, over time, the degree of your illness or injury may become more critical and cause you to develop a total and permanent disability.
If this happens, your Sickness Allowance may be converted into Disability Retirement.
What to do if my retirement is denied by the INSS?
The requirements are quite simple for the Disability Retirement . In addition, it has some hypotheses in which it will not be necessary to demonstrate the deficiency for its concession.
Even with this simplicity, the benefit can easily be denied.
This occurs for several reasons.
One is the lack of proper documentation for the administrative process to prove your insured status when you became disabled. Not to mention that the INSS may also be to blame for all of this.
First, Disability Retirement is not as “profitable” for the Government, because you don’t need to contribute as much time to social security as other types of pensions.
Therefore, there is a search for ways to save costs, which is absurd, because we are talking about a right to retirement guaranteed in the Constitution.
A situation that happens quite frequently is the denial of the request due to the expertise carried out by doctors working at the INSS.
The doctor at the Institute may not be an expert on the condition you have. In this way, he ends up not being able to examine you in the best possible way.
Imagine the case of a patient with a high degree of schizophrenia. The doctor who will carry out the medical examination of this patient will probably be a general practitioner.
So, it is clear that he will not have the same technical precision as a psychiatrist.
If your retirement is denied by the INSS, you have 3 options:
- Accept the decision.
- Sign in with an administrative resource.
- File a lawsuit.
accept the decision
I think this is not the most viable option.
If you went to the INSS to retire due to disability (or even Sickness Aid ), it means that the illness you have is serious.
That is, you are only looking for the satisfaction of the rights you have .
Also, since you cannot work, it will be impossible to pay all medical and personal expenses, due to the illness you have.
Therefore, I do not recommend just accepting the INSS decision.
You must pursue your rights to the end.