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Article 71(5) of the Law on the Regulation of Social Justice provides: “Where a previous request has been submitted in one of the cases referred to in this article, the undertaking shall expressly reply to it within forty-five days. Otherwise, the application will be rejected due to administrative silence” It must be submitted to the INSS, either in person at the Social Security Fund, or electronically via this link. Social Security disability is an important safety net available to people with physical or mental disabilities that prevent them from returning to work. If you have paid Social Security taxes, you may qualify for Social Security Disability Insurance (SSDI). SSDI can provide you with monthly benefits and ongoing medical care if you are unable to work due to your disability. Since the law governing social justice refers to days without expressly stating that they are natural, they must be understood as work, with the exception of Saturdays, Sundays and holidays, when the provincial address where the claim is made is located. Twice, I presented a case to see opinions in legal terms, and it was completely contradictory and harmful. They also occur in your private life. Before giving legal advice or introducing a new topic in the Social Security Forum, it is advisable to check whether this problem or legal advice has already been addressed and resolved by a lawyer in this forum or free legal advice.

All employees can submit it themselves without the need for a lawyer or social graduate. In general, the review is carried out within the time limit set out in the resolution on the declaration of permanent disability, provided that the disabled person has not yet reached the legal retirement age. The above-mentioned article 71 of the Law on the Regulation of Social Justice stipulates that “the previous request must be submitted within thirty days of its notification to the competent body that took a decision on the initial request of the interested party”. Social Security may also request a review if it determines that there is a misdiagnosis. We refer to the case where the conditions have not been properly evaluated and their deactivation. At that stage, the right to a pension would also disappear. The most obvious of all the reasons for losing a permanent disability is an improvement in our clinical picture, as we pointed out at the beginning of this article. However, to be careful, I always recommend taking into account the date of the INSS exit recording, which will be a few days before the decision to count the 30 days.

After the initial check, some retirees pass different class exams from time to time, while others usually don`t. It depends on the specific complaints and whether or not they are likely to improve. But this possibility should never be ruled out to avoid unpleasant surprises. If the improvement is reported at that time, the employee would be entitled to resume his or her previous employment. In this case, the entire duration of the invalidity is counted as seniority. Businesses can request reviews via automatic invitations. These reviews, which are marked as verified, relate to real experiences. Learn more about other types of reviews. The new benefit will be received from the day after the final decision. In this article, we are going to give you everything you need to know about checking permanent incapacity for work. It should be borne in mind that if the court decision is the one that recognizes the permanent incapacity, the INSS must then set a time limit for review.

Finally, in the previous application, we asked that one of these specific degrees of permanent disability be granted; partial, total, absolute or severe disability. All documents provided are contained in the corresponding administrative file, which must be submitted in a hypothetical permanent disability trial. If the previous request is rejected or not answered, there is an additional period of 30 working days to file the corresponding application with the social courts. Hello! I exceeded 545 days and was denied permanent disability The resolution does not appear that I have a preferred surgery and have not been able to return to work. It seems that I have two herniated discs and two syndromes, a facet and a sacroiliac disease I think it should seem that I have a pending procedure I made a previous claim and I am without pay or contribution because I made an agreement with the company to suspend the contract with the salary so as not to lose my position. When I went to the medical court, I still didn`t know they had to operate on me. I don`t know if they`re based on that opinion and I don`t see what will happen later. I don`t know what else I can do It is not necessary to submit an expert report, although if we have it, it is recommended.

It is rare for management to pay attention to an expert`s opinion. It may be a little more useful in court, but the truth is that the assessment depends heavily on each court and the specific case in terms of what is stated in the EVI reports and the public health department reports. As explained above, the INSS, the public body responsible for recognising the degree of permanent disability and, therefore, for granting and withdrawing the corresponding pensions, may review your disability at any time. These reviews may be made because there is an exacerbation or improvement in your condition in relation to the disease or condition for which the degree of permanent disability was first recognized. This pension is granted to workers who are completely excluded from work or occupation due to illness or accident. However, there are exceptions in the law. The INSS may, on its own initiative or at the request of the pensioner himself, promote the revision of the declaration of incapacity, whether or not the time limit set in the resolution has expired: it is the situation of the worker who, after the prescribed treatment, has serious anatomical or functional deficiencies which can be determined objectively and which are foreseeable; that reduce or destroy their ability to work. Claim your profile to access Trustpilot`s free tools and connect with your customers. If the beneficiary reached retirement age before the scheduled revision date, the revision will not be carried out and the pension will be renamed the old-age pension.

It is only when the normal retirement age is reached that the INSS can no longer summon the pensioner for examination. From that moment on, the pension becomes for life. However, if you have continued to work in a disability-compatible occupation, in some cases it may be helpful to apply for retirement and no longer receive disability benefits. But only if you want it that way. The change of name of the pension does not imply a change in the conditions of the economic advantage received. However, in the event that there is an INSS decision voiding the performance after checking the grade – or simply confirming the conclusion and your condition has not changed and even worsened – the only way for you to challenge the INSS`s solution through a previous trial is a mandatory appeal before a trial.