Robson Gonçalves lawyers explain about disability retirement

Disability retirement is one of the most important benefits offered by the INSS, aimed at those who, due to permanent disability, are considered unable to return to work.

This benefit is a fundamental social protection, guaranteeing the subsistence of those who, due to illness or accidents, are no longer able to carry out their work activities.

It is extremely important to understand the requirements and process for obtaining this retirement, as well as the factors involved in proving disability, the necessary documents and the situations in which the benefit may be for life.

With this in mind, the Robson Gonçalves Advogados office provides clarification on how the disability retirement and the main points that policyholders should observe when claiming this right. To learn more, read the full article.

What is disability retirement?

Disability retirement is a social security benefit granted to insured individuals who, due to illness or accident, are permanently unable to work.

The incapacity must be total, that is, the person cannot perform any activity that guarantees their livelihood.

To be entitled to this retirement, the insured must have contributed to the INSS for a certain period, except in cases of work accidents or serious illnesses provided for by law.

The incapacity must be certified by an INSS medical expert, who will assess whether the insured person can truly no longer carry out their professional activities.

Furthermore, unlike sickness benefit, which is a temporary benefit, disability retirement is granted permanently, although it is subject to periodic reviews by the INSS to verify whether the disability condition persists.

Does disability retire?

Yes, disability can lead to retirement, as long as the legal requirements are met.

The main condition for disability to result in the granting of retirement is proof that the insured is completely incapacitated for any type of work, permanently.

This proof is provided by means of a medical examination carried out by the INSS, where a medical expert will assess the insured's health condition. If the incapacity is confirmed, disability retirement will be granted.

It is important to note that, even if the insured person is no longer contributing to the INSS, he or she may still be entitled to the benefit, depending on the time he or she was covered by the social security system.

Furthermore, in cases of serious illness, work accidents or specific situations provided for by law, the waiting period may be waived, facilitating access to the benefit.

How does disability retirement work?

The process for obtaining disability retirement begins with requesting the benefit from the INSS, where the insured person must schedule a medical examination.

In this assessment, a medical expert will assess the insured's health condition and determine whether he or she is permanently unable to work.

If the disability is confirmed, the benefit will be granted from the date the disability began, and may be retroactive if the insured person was already on sick leave.

It is important to remember that disability retirement can be reviewed periodically, and the insured person may be called for new assessments.

If there is any improvement in the health condition that allows a return to work, the benefit may be cancelled.

Furthermore, unlike sickness benefit, which is temporary, disability retirement, once granted, guarantees the insured person continued benefit as long as the incapacity persists.

How to prove disability to receive retirement benefits?

Proof of disability to receive retirement benefits depends on the presentation of medical reports, examinations and reports that attest to permanent incapacity for work.

These documents must be presented to the INSS when applying for the benefit and will be evaluated during the medical examination.

The medical report must detail the insured's health condition, indicating the diagnosis, treatment performed and incapacity to work.

Additional tests, such as X-rays, CT scans and others, may also be requested by the INSS to complement the analysis.

In addition to medical documents, the insured may present other documents that prove their condition, such as hospital admission certificates and reports of previous treatments.

The INSS medical examination is the final step in this process, where an expert from the institute will assess whether the incapacity is total and permanent, a necessary condition for granting disability retirement.

What documents do I need to present?

To apply for disability retirement, the insured must gather a series of essential documents for the analysis of the application.

The main documents are the ID, CPF, proof of residence, work card, contribution cards (if applicable), and all medical documents that attest to permanent incapacity.

These medical documents include reports, exams, certificates and reports that detail the health condition and the history of treatments performed.

Furthermore, it is important to present the PIS/PASEP number or the NIT (Worker Identification Number).

If the insured has previously received sickness benefit, it is also necessary to present documentation related to this benefit, such as the decision granting the benefit.

The complete and correct presentation of these documents is essential for the analysis process to be quick and for the INSS to be able to determine whether the insured is entitled to disability retirement.

Count on one social security lawyer to facilitate the collection of necessary documents and other bureaucracy in the middle of the process can help with the request.

Will I receive disability pension for the rest of my life?

In theory, disability retirement is granted as long as the total and permanent incapacity to work persists.

However, the INSS carries out periodic reviews to verify whether the disability condition remains.

These reviews, generally carried out through new medical examinations, aim to assess whether the insured person remains unable to work or whether there has been any improvement that allows them to return to work activities.

If a significant improvement in health conditions is observed that allows a return to work, the benefit may be terminated.

On the other hand, if the disability is considered irreversible, the disability pension may be maintained until the end of the insured's life.

In cases of insured individuals who are elderly or have serious illnesses, periodic reviews may be waived, which guarantees the continuity of the benefit without interruptions.

I did not contribute to the INSS, can I still receive disability retirement?

Even without having contributed directly to the INSS, there are situations in which a person can receive a benefit similar to disability retirement, such as the Continuous Payment Benefit (BPC/LOAS).

This benefit is granted to elderly people and people with disabilities who prove that they do not have the means to provide for their own maintenance or have it provided by their family.

Unlike disability retirement, BPC/LOAS does not require prior contributions to the INSS, but rather proof of per capita family income of less than a quarter of the minimum wage.

In the case of people with disabilities, it is necessary to prove their inability to live independently and work.

The BPC/LOAS request must be made to the INSS, with the presentation of personal documents, proof of income and medical reports attesting to the disability condition.

Sickness benefit and accident benefit, on the other hand, are benefits that require contributions to the INSS and are aimed at insured individuals who are temporarily unable to work or who have suffered a reduction in their working capacity.

Featured photo: disability retirement (reproduction/disclosure)