Best Disability Insurance Lawyers in Mocoa

About Disability Insurance Law in Mocoa, Colombia

In Colombia, disability protection is part of the General System of Social Security. If an illness or injury reduces your work capacity by 50 percent or more, you may qualify for a disability pension. Benefits can come from the public pension regime administered by Colpensiones, from a private pension fund and its group life insurer, or from the Occupational Risks System if the origin is work related. Separate from a permanent disability pension, workers can also receive temporary disability payments while they recover.

People in Mocoa navigate the same national rules as the rest of Colombia, but local factors matter, such as access to medical specialists for evaluations and the location of the Regional Disability Rating Board that decides appeals. Understanding how EPS, ARL, and the pension fund interact is essential to avoid delays and protect income.

Why You May Need a Lawyer

Many claims are straightforward, but legal help is often critical in these situations:

- Your disability rating is set below 50 percent and you believe it is wrong.- There is a dispute about the origin of the condition common illness versus work related accident or disease.- Your EPS, ARL, or pension fund denies benefits or exceeds legal time limits to decide.- You face termination or discrimination at work due to health restrictions and need protection of workplace rights.- You need to appeal to the Regional or National Disability Rating Boards and must prepare medical, occupational, and legal evidence.- You must choose between a pension and a lump sum in a private regime and want to understand the financial impact.- You need urgent court protection tutela to obtain medical care, rehabilitation, or payments.

Local Laws Overview

Key Colombian rules that shape disability benefits and procedures include:

- Constitution articles 13, 47, and 48 recognize equality, special protection for persons with disabilities, and the right to social security.- Law 100 of 1993 creates the General Social Security System and the disability pension framework.- Law 860 of 2003 modifies disability pension requirements for weeks of contribution and special rules for young workers.- Decree 1352 of 2013 organizes the Regional and National Disability Rating Boards Juntas de Calificación de Invalidez.- Decree 1507 of 2014 adopts the Manual for Rating Loss of Work and Occupational Capacity, including medical and occupational criteria and percentages.- Decree 1833 of 2016 compiles pension regulations, including procedures and benefits.- Law 1562 of 2012 updates the Occupational Risks System ARL for work related events.- Decree 1072 of 2015 compiles labor regulations, including occupational risk rules.- Law 361 of 1997 and Law 1618 of 2013 protect the rights of persons with disabilities, including workplace accommodation and special dismissal protections.- Law 1751 of 2015 Statutory Health Law protects the fundamental right to health and access to services needed for ratings and rehabilitation.

Eligibility basics to keep in mind:

- Disability pension requires a certified loss of work capacity of 50 percent or more.- For common origin disability, you must generally have at least 50 weeks of contributions within the 3 years before the date of disability. If you are under 20 years old, the requirement is lower 26 weeks in the last year.- For work related cases, ARL covers without a minimum weeks requirement, provided the worker was affiliated.- The pension amount depends on the percentage of disability and your contribution history. The income base is calculated from your reported earnings for contributions and is subject to legal caps and adjustments.

Procedure and timelines high level:

- Initial medical care and temporary incapacity are handled by your EPS for common origin or ARL for work origin.- An initial disability and origin rating is issued by the EPS, ARL, or pension fund. If you disagree, you can object and ask the Regional Disability Rating Board with jurisdiction in Putumayo to decide. You must object within short legal deadlines commonly 10 business days from notification.- A further appeal can be filed with the National Board, also within short deadlines.- Back payments are usually recognized from the legally defined date of disability, but claims for overdue installments can be subject to limitation periods for arrears.

Local context for Mocoa and Putumayo:

- The Regional Disability Rating Board with jurisdiction over Putumayo handles objections and appeals. Hearings or evaluations may be scheduled in Mocoa or a nearby city, depending on board logistics.- Access to specialists can be limited, which may affect scheduling of assessments. Keep copies of all referrals and follow up on appointments to avoid gaps in evidence.- Territorial offices of the Ministry of Labor, Colpensiones, EPS branches, ARL representatives, the Personería Municipal, and the Defensoría del Pueblo provide guidance and oversight in Mocoa.

Frequently Asked Questions

What is considered a disability for purposes of a pension in Colombia

You may qualify if a certified evaluation finds a 50 percent or greater loss of work capacity. The rating is based on a technical manual that weighs medical diagnoses, functional limitations, and how they affect your ability to work given your occupation and education.

Who performs the disability rating

Your EPS, ARL, or pension fund arranges the initial assessment. If you disagree, the Regional Disability Rating Board with jurisdiction in Putumayo issues an independent decision. A final appeal can be made to the National Board.

What is the difference between temporary incapacity and a disability pension

Temporary incapacity is a short term income replacement while you recover and is paid by the EPS for common illnesses or by the ARL for work related events. A disability pension is permanent or long term and is paid when recovery is not expected and the rating is 50 percent or higher.

How many contribution weeks do I need for a common origin disability pension

Generally 50 weeks in the 3 years before the date of disability. If you are under 20 years old, the requirement is 26 weeks in the last year. For work related disability covered by ARL, there is no minimum weeks requirement.

Who pays the disability pension

If you are in the public regime RPM, Colpensiones pays. If you are in a private fund RAIS, the fund manages the claim and the group life insurer finances the pension if requirements are met. For work related cases, the ARL finances the pension.

What can I do if my rating is below 50 percent but I cannot work

You can object the decision within the legal deadline and request review by the Regional Disability Rating Board. Provide updated medical records, exams, functional tests, and occupational evidence to support a higher rating. You can also explore workplace accommodations, rehabilitation, or job relocation with your employer.

How long does the process take in Mocoa

Time varies based on medical appointments, document gathering, and board schedules. Keep track of filing dates and responses. If an EPS, ARL, or fund exceeds legal time limits or causes unjustified delays, you can file complaints with oversight authorities or seek tutela in urgent cases.

Can my employer dismiss me while I am on medical leave or with a disability

Special protections apply. Employers generally need prior authorization from the labor authority to dismiss a worker with a proven health impairment or disability. Without authorization, dismissal can be invalid and may trigger reinstatement and compensation. Employers must consider reasonable accommodations.

What if my condition is due to a work accident or occupational disease

Report it immediately using the official ARL forms. The ARL is responsible for medical care, temporary incapacity payments from day one, rehabilitation, and if needed, a permanent disability pension. Disputes about origin can be appealed using the same rating board process.

Do I need a lawyer to file for a disability pension

No, but a lawyer can be very helpful when there are denials, complex medical evidence, disputes about origin, appeals to rating boards, or court actions. Free or low cost legal assistance may be available through public defenders, the municipal ombudsman, or university legal clinics.

Additional Resources

- Colpensiones local service points and national customer service can guide RPM disability pension claims and contribution histories.- Private pension funds RAIS Porvenir, Protección, Colfondos, Skandia and their group life insurers manage and finance disability pensions for private regime members.- Your EPS office in Mocoa handles medical care, authorizations, and temporary incapacity for common origin conditions.- Your ARL Positiva, Sura ARL, AXA Colpatria, Liberty, Mapfre manages occupational risk benefits, including work accident reporting and disability pensions for occupational origin.- Regional Disability Rating Board Junta Regional de Calificación de Invalidez with jurisdiction in Putumayo decides objections and conducts expert evaluations.- Ministry of Labor Territorial Directorate in Putumayo provides labor inspections, orientations, and receives complaints.- Superintendence of Health receives and resolves complaints about EPS and healthcare related delays or denials.- Superintendence of Finance oversees private pension funds and life insurers handling disability benefits.- Municipal Ombudsman Personería Municipal de Mocoa offers free legal guidance and rights protection for residents.- Public Defender Defensoría del Pueblo Regional Putumayo advises on rights, tutela, and access to public services.

Next Steps

- Gather documents: identity card, recent medical records, diagnostic tests, incapacities, referrals, employer certification of salary and duties, contribution history extract from Colpensiones or your AFP, and accident or occupational disease reports if applicable FURAT or FUREL.- File the claim: for common origin, notify your pension entity Colpensiones or AFP and request initiation of the disability assessment. For work origin, report to the ARL immediately and follow its claim pathway. Ensure your EPS continues medical care and rehabilitation.- Track deadlines: note notification dates. If you disagree with an initial rating or origin decision, file a timely objection to take the case to the Regional Disability Rating Board. Keep proof of submissions and delivery receipts.- Escalate if delayed: submit petitions and complaints to the EPS, ARL, or fund. If there is an unjustified delay that threatens your livelihood or health, consult about filing a tutela to protect your fundamental rights.- Consider legal help: consult a lawyer experienced in disability and social security law in Mocoa or the Putumayo region. Bring all documents so the lawyer can assess eligibility, evidence gaps, likely timelines, and remedies.- Protect your job rights: if you work, inform your employer about medical restrictions. If dismissal is threatened, seek immediate advice about special protections and required authorizations.- Prepare for evaluations: attend all scheduled exams and therapy. Describe your functional limitations in daily and work tasks. Bring medications, assistive devices, and medical reports to the appointment.- Review calculations: once granted, review the pension amount and retroactive payments. If numbers seem off, request the liquidation basis and consult on a recalculation or claim for arrears.

This guide is informational and not legal advice. For personalized guidance, consult a qualified lawyer licensed in Colombia or seek assistance from the public entities listed above in Mocoa.