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Know the rights and benefits of those with serious illnesses

People who have more serious illnesses have the right to be exempt from a grace period on INSS benefits, such as sickness allowance, in addition to disability retirement. Priority will be given to income tax refunds and other judicial or administrative proceedings.

What this article covers:

What illnesses are considered serious?

The main diseases stipulated by the legislation would be: Acquired Immunodeficiency Syndrome (AIDS), alienation, severe heart disease, blindness, contamination by radioactive effects, osteitis, Parkinson’s disease, Sclerosis, Spondyloarthrosis, Mucoviscidosis, Leprosy, Severe nephropathy, Hepatopathy , Cancer Neoplasm.

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These diseases give the bearers the full right to retire and other benefits, as set out in Article 151 and before Law 8.213/91, and in this case, the bearer of aggravated illnesses will be exempt from income tax, pension and reforms that include supplements already received from private institutions, in addition to alimony.

How does verification work?

It will be possible to prove the disease through reports or medical examinations, in addition to sometimes being necessary to undergo examinations carried out by the medical expert of the National Institute of Social Security (INSS), to become possible to have the opportunity to retire due to disability .

Although there are certain serious illnesses already considered, the legislation of Brazil itself determined only about 15 main illnesses to have the chance to apply for Retirement due to Disability.

There are many patients who have serious illnesses and are not mentioned in the list established by law, but they will be able to resort to this to obtain the benefit through lawsuits.

Additional in retirement

The person with any of the diseases mentioned above, who retires due to disability and therefore needs help to carry out the most basic tasks, is now fully entitled to receive an additional 25%.

The additional is a guarantee of accompanying assistance, which the person needs help from other people to be able to move around, take a shower and even feed themselves, according to article 45 of Law 8.213/91.

To be able to retire due to disability, just access the website My INSS and address the information that fits your illness and request an appointment with the INSS expert doctor.

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