The disability retirement is the benefit due to the retired person who is not able to work and has no possibility of rehabilitation to develop activities that will provide income for their maintenance. This benefit will be paid until this condition remains. The monthly income is 100% of salary benefit.
Today the biggest problem we have in relation to disability retirement is the issue of real analysis that must be made in granting this benefit. The fact is that it should be taken into account not only the disease itself, not only physical disability, but the whole social context of the insured person. It should be noted if the person has conditions to get a real job. We give as an example a handyman who can not make the movement a “pendulum” (up and down) or a person who has little education, like the one who can only “draw” his name and already is, for example, 58 years old . Do these workers can learn a new work? The stark reality is that they often have no physical or mental conditions of learning a new profession. Also, it does not make sense to rehabilitate them for an activity they will not ever accomplish. Example: a maid who gets tendinitis. She goes through a medical inspection. The doctor puts her on sickness benefit. But the disease will end one day and she will be out of the labor market for two years. Does this lady who is now aged 60 will get a new placement? It will be very difficult. If she succeeds, great. But if not, even with the doctor´s analysis indicating only a “partial incapacity”, it seems fair that she is entitled to retirement for disability. This is because one must look not only the disease, but the whole social context of the person. It should be done a social, environmental and personal analysis.
SUSPENSION OF THE WORK CONTRACT
The disability retirement SUSPENDS the employment contract. The disability retiree may not be fired. Many employers terminate the employment contract. This contract termination is null.
The disability retirement may be granted only when people undergo medical inspection. Thus, in the same way, it can only be canceled by medical inspection. So, the clinical examination is not enough. It should also be required all additional examinations. However, in many cases, this is not what happens. Currently, the disability retirement benefit is one of the most complex, because the person is no longer getting out of the sickness benefit and reach the retirement for disability. There are many obstacles. Today medical expertises are being held each two years. Many people are declared “able” and often they are not really able to come back to work. It is therefore necessary to modify the situation regarding the medical expertise. In the meantime, we must be vigilant and demand our rights.
NEW CODE OF MEDICAL ETHICS
On the last April 23, the”New Code of Medical Ethics” entered into force bringing the duties of doctors and patient’s rights. Among them:
1 – When going through the medical expertise, the insured can bring along another doctor or a person in your family.
2 – Medical secrecy is not the so-called “doctor´s secrecy”, but this secrecy is “in favor of the insured.” Confidentiality belongs to the patient and he can tell the secret to anyone. So, if the patient decides to waive secrecy and give, for example, a declaration that he wants to be accompanied during the medical examination by Joe, he can do it, as long as Joe does not interfere with the medical expertise.
3 – Medical record – The medical record belongs to the patient. Not to the hospital. Then the patient has the right to go to the hospital and get the medical records. This is important because sometimes this document is the only one which can proves that the person is really invalid.
THE SICK PERSON CAN GET INTO RETIREMENT SYSTEM
The INSS requires that the person does not have any disease or injury when joining to the General Administration of Social Security. However, “date of illness onset is different from” date of disability. “
Someone may be diabetic (sick) and not being unable – I am a teacher and lawyer, for example. Inability can happens or not. I cannot get into the system already unable, but no problem if I get into it already sick.
It means that a person cannot perform the basic acts of life. Will therefore have an additional 25% on his retirement benefit. It may even exceed the maximum amount paid by Social Security which is today R$ 3.416,54. If the person is already receiving the maximum amount, the value of his benefit in case of major disability, will be R$ 3,416.54 + 25%. The INSS understands that this extra payment is only valid for those who are retired on disability. However, let us consider, for example, a person who retired by age and, after some time, gets the great disability. Does this person would not have the right, once the additional 25% is just intended to pay the cost of the third person who helps to take care of the disabled person? Thus, considering that the disability retirement was created to overcome the loss of work ability and also taking into account that the person had paid all his life for this benefit, which is characterized by care, so the benefit must be paid to all who need it. Therefore, we advocate the thesis that any insured (not only those retired for disability), will be entitled to this additional 25%.