According to Priscila Arraea Reino, a lawyer specializing in social security and labor law, many people have been receiving a lower amount in permanent disability retirement than they received in the temporary disability benefit, also known as sick pay.
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The factors that can lead to this happening are many, such as the changes that took place in the INSS sickness benefit, some problems in the documentation that the taxpayer provided to the institution or even the conversion error of the own pension.
Sickness aid and disability retirement are intended for INSS taxpayers who are temporarily or permanently unable to work. Whether due to illness or injury, the taxpayer must undergo a medical examination at the INSS to assess the benefit.
According to Priscila, the pension reform, which took place in 2019, changed the calculation of these benefits, which can still generate a lot of doubt among taxpayers.
What was called sickness benefit is now known as temporary disability benefit, and had a slight change after the reform. Before, the calculation of the amount received was done with the average of the 80% highest contribution salaries, and now, it is done with the average of 100% of salaries. Calculated the average, the aid will correspond to 91% of this value.
Disability retirement had a very significant change, since, before the reform, the average of the 80% highest contribution salaries was made, and the taxpayer received 100% of this amount. Now, with the reform, it came to be called permanent disability retirement and was divided by causes.
Currently, the taxpayer who will retire due to disability needs to be included in the cause of this disability. If it is due to an accident at work or caused by an occupational situation, the taxpayer will receive 100% of the average of all contribution wages.
However, if the cause is an accident or disease not related to work, the taxpayer will receive only 60% of the average calculated with all contribution wages, with an increase of 2% per year. “With all these changes, it is possible to see how the guarantees of people who contributed to the INSS and became disabled were negatively impacted”, comments Priscila.
In these cases, it is important that the insured seek the Public Defender's Office or a specialist to resort to this value, and for that, it is good to gather all the forensic documentation, which contains the information and the history of the forensics performed. Thus, it can be confirmed by the Sabi system report if there was any error with the conversion, or if it is just the new reform being applied.
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