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how Social security reform, several modifications were made. This includes disability retirement, which gave way to permanent disability retirement, and sickness benefit, which is called temporary disability assistance.
Since the 1998 reform, with EC 20/98, social security has included people with disabilities to protect the most disadvantaged. The current constitutional menu shows an evolution, due to the change of nomenclatures, replacing pathogenic terms such as “disease” and “disability”.
In the case of sickness benefits, for example, it is understood that the money is allocated only when there is an illness, which is not a fact, since the benefit is intended for those with a work disability, regardless of the illness.
Disability is linked to total inability to carry out any work activity, which is why the term is replaced by “retirement due to permanent disability”, which is more appropriate for the current scenario.
Retirement due to permanent disability
In accordance with the general social security regime, INSS insured persons with total or permanent incapacity for the exercise of work activities, accredited by expert opinion, will be retired due to disability.
In accordance with the provisions of article 25, I, of Law 8,213 / 91, disability retirement has a grace period of 12 contributions to social security to the INSS.
Regardless of the contribution period, retirement due to disability may be granted in cases of leave caused by accident of any nature, professional disease or serious illness provided for in the list of the Ministry of Health and Social Welfare, provided for in Annex XLV, of the Normative Instruction 77/2015. of the INSS (article 147).
Benefit amount
According to article 44 of the law, disability retirement will consist of a monthly income corresponding to 100% of the salary of the benefit. With the latest reforms, some changes have been made to the calculation methodology.
So, if the benefit is defined by accidents or illnesses in the work environment, the amount will be 100% higher than the average salary. On the other hand, if what happened is not related to the work environment, the INSS reserves 60% of the average salary, with an increase of 2% for each year contributed.
The surcharge ceases on death and is not transferred to the death pension.
Total disability test
The proof of total and permanent disability to obtain permanent disability retirement is substantial. Therefore, it is important that the insured have medical reports, laboratory tests and technical reports.
In addition, it is also important to collect updated medical reports to claim a 25% increase in the amount, in case they need help from another person.
Also read: Find out who is entitled to receive two INSS benefits simultaneously
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