Social security and INSS help with tips and questions for retirees and pensioners. Lawyer Fabrício Barcelos answers viewers' questions.

The optional question box answers questions about converting sick pay into disability pension. Lawyer Fabrício Barcelos answers viewers' questions.

EPTV – Fernanda suffered a serious accident and has been living on sick pay since then, but what she really wants is a pension. Since 2015, she has been unable to walk after an accident at work. She was a professional motorcyclist and was seriously injured in an accident. She has had six surgeries and has one more planned. Fernanda has been contributing for 12 years. Can she retire?

Fabrício Barcelos – Unfortunately, Fernanda’s case is very common. The following must be considered: Who is entitled to a disability pension? A person who is permanently unable to work. Your case is more of a disability pension case. After the pension reform, the calculation of the disability pension became extremely harmful for the employee. Since Fernanda has had this problem since 2015, she could have retired on disability under the much more favorable rules before the pension reform. You are also entitled to the difference between the amount of the sickness benefit and the amount of the invalidity pension. Guidance for Fernanda and anyone else in the same situation,

EPTV – Márcio Rogério has had multiple surgeries on his hands due to a motorcycle accident he suffered in 2001 and they are giving him a leave of absence every two years. He said he could not return to production and the doctor determined he had a complete and permanent disability. He would like to know whether the INSS should not have already granted retirement and whether he can request the old regulation based on the date of the pathology.

Fabrício Barcelos – Márcio’s case is also very similar to the previous ones. It is unlikely that he will be able to return to the job market, he has been away for a long time and if he qualified for disability retirement before November 2019, it was before the Pension Reform. The advice for Márcio is to look for a specialist to evaluate his case, as he has all the necessary conditions to be able to retire due to disability.

EPTV – Eldi is 42 years old and wants to know why he is no longer receiving sick pay. She says she has five herniated discs in her spine and received sick pay in 2016 and 2018, stopping contributing in 2015.

Fabrício Barcelos – The INSS expertise was probably not favorable for them, but we have to keep in mind that all work should not and cannot end solely and exclusively at the INSS. The judiciary can support the insured when the INSS closes its doors. Therefore, in this case, at age 42 and with likely disabling hernias, she should be suddenly retired from the start of her illness benefits. Here, too, the advice is to consult a lawyer and, if necessary, take the appropriate legal measures.

See more: