Aula Gratuita para o INSS - Direito Previdenciário (Parte 10/12)

Summary

The video script discusses the intricacies of disability retirement in Brazil, detailing eligibility criteria, exceptions for accidents and occupational diseases, and the importance of medical assessment by INSS experts. It covers the process of claiming benefits, the impact of rehabilitation, and the potential for benefits to be suspended if treatment is refused. It also explains the rules regarding the commencement of benefits and the unique situations for different types of contributors, emphasizing that not all insured individuals are entitled to retirement based on contribution time.

Takeaways

• 😀 A disability pension is due to all insured individuals who have met the requirements, including a minimum of 12 contributions, with exceptions for accidents of any nature and certain professional diseases.
• 🏥 The disability pension can originate from an accident, regardless of whether it occurred at work or during leisure time, and it is subject to medical assessment by a specialist approved by the INSS (Brazilian Social Security Institute).
• 📋 There is no waiting period for the disability pension; it is granted based on the initial monthly income being 100% of the beneficiary's salary, without the application of the pension factor.
• 👩‍⚕️ Medical expertise from the INSS is crucial to attest incapacity, with doctors who have passed public exams and are appointed to assess the degree of deficiency and the need for rehabilitation.
• 🔄 Insured individuals are obliged to undergo rehabilitation and periodic medical examinations, which can lead to the suspension of benefits if they refuse necessary treatments or rehabilitation processes.
• 🚫 No one is obliged to undergo blood transfusions or surgeries as part of their treatment or rehabilitation process.
• 🔄 The disability pension is independent of previous grants of sickness benefits and can be acquired even without having received them, depending on the severity of the condition.
• 📉 The monthly income of the benefit is based on the salary of the benefit that originated the sickness aid, in cases where the disability pension follows a period of sickness benefits.
• 🛑 If an insured individual was already suffering from a disease or injury at the time of affiliation to the social security system, they do not have the right to a disability pension or sickness aid, unless there is a worsening of the condition.
• 📅 The start of the benefit is determined by the date of the beginning of incapacity, and it must be claimed within 30 days of the onset of incapacity, otherwise, the benefit starts from the date of the claim.
• 🔄 The disability pension is not definitive and can be subject to reassessment and potential cessation if the insured individual recovers within five years or is deemed suitable for different work.

Q & A

What is the minimum requirement for contributions to qualify for disability retirement?

The minimum requirement is 12 contributions, except in specific situations such as accidents of any nature or professional diseases listed by the Ministry of Health and the Ministry of Social Security.

Can an accident that occurs during leisure time qualify for disability retirement?

Yes, an accident of any nature, whether it is a work-related accident or one that occurred during leisure time, can qualify an individual for disability retirement.

What is the initial monthly income for the disability benefit?

The initial monthly income for the benefit is 100% of the benefit salary, without the application of the pension factor.

Who determines the incapacity of an individual for disability retirement?

The incapacity is determined by the medical expertise of the National Institute of Social Security (INSS), which includes specialized doctors who have passed a public examination.

Is there a condition where a person is sick but not considered invalid for work?

Yes, there are diseases that do not incapacitate a person for any activity that ensures their subsistence or basic daily activities, thus not affecting their labor capacity.

What happens if an individual refuses to undergo a medical procedure or treatment recommended by the INSS?

No one is obliged to undergo a blood transfusion or surgical procedure. However, if an individual refuses rehabilitation or treatment recommended by the INSS, the benefit can be suspended until they comply.

Does disability retirement depend on the previous granting of a sickness benefit?

Disability retirement is independent of the previous granting of a sickness benefit and can occur after receiving a sickness benefit or directly in case of a severe accident or condition.

What is the situation for an individual who was already ill or injured before affiliating with the social security system?

If an individual was already ill or injured before affiliation, they do not have the right to disability retirement or sickness benefit unless there is a progression or aggravation of the disease or injury after affiliation.

When does the payment of the disability benefit start for an employee?

For an employee, the company must pay the first 15 days of both the sickness benefit and the disability retirement. The benefit is due from the 16th day, provided it is requested within 30 days of incapacity.

What is the progressive reduction of the disability benefit if an individual recovers partially or is deemed suitable for different work?

The benefit is reduced progressively; for the first 6 months, the individual receives 100% of the benefit, then for the next 6 months, it is reduced by 50%, and in the last 6 months, it is reduced by 75%, receiving only 25% of the disability retirement benefit.

Can the 25% increase for disability retirement exceed the social security ceiling?

Yes, the 25% increase for disability retirement can exceed the social security ceiling in specific situations, such as total disability or when the individual requires permanent assistance from another person.