Illness aid dropped after conversion into disability retirement? Know what to do!

Have you ever thought about being away from work due to an illness and end up needing to retire due to disability? It is a very bad scenario for someone who is taking off in their career, and now, even for someone who has already established themselves. It turns out that with the Social Security Reform, the calculation of the by disability retirement ended up changing.

Read too: Sickness Aid gains a new request format; understand

It is true that no one wants to take leave of work for health reasons, even more so in a state where it is no longer possible to work. And now it's even worse, because in addition to having compromised health, the taxpayer may end up receiving less for the benefit.

We will explain in this matter the reason for this wage difference that may happen. Follow along.

How are disability pensions calculated?

To calculate the value of sickness aid

Before the Reform, the calculation of the benefit was also made according to the average salary received during the career, and the value corresponded to the average of the 80% highest salaries received. Now, the amount is paid according to the cause of the disease, and was divided between occupational diseases or accidents at work.

In cases where disability occurs due to accidents at work, the retirement amount that the individual will receive is 100% of the benefit salary. In these cases, the retirement amount will be greater than the sickness allowance.

The big problem is for those who need to retire due to an illness that is not related to work, because in these cases, the amount paid in retirement would be only 60% of the benefit salary.

These new calculations have left those who need to make this transition between sickness benefit and disability retirement very surprised, as the cut in value has been very high. Thus, what was meant to be a guarantee becomes a major problem, as these people's income ends up being greatly affected, with no right of return.

Priscila Arraes Reino, who is a lawyer specializing in social security and labor law, commented on the matter: “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”.

According to her, one of her clients had to be removed in 2018 due to a tumor that left her in need of a wheelchair. However, in 2022, she had to do a new expertise, in which she would have to convert sickness aid to disability retirement. The big problem was when she found out that the amount she would receive would go from R$2,650 to R$1,212, due to the new Reform rule.

If this happens, it is important to ask for the Expert Medical Report Disability Benefits (Sabi) and seek the Public Defender's Office or a specialist in law social security. With this report, it can be verified that there was no calculation error in the INSS during this conversion of benefits.

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