Melhores Advogados de Seguro de Incapacidade em Goiânia

About Seguro de Incapacidade Law in Goiânia, Brasil

In Goiânia, as in all of Brazil, incapacity related benefits are part of the federal social security system (Regime Geral de Previdência Social - RGPS) and are administered byInstituto Nacional do Seguro Social (INSS). The main benefits are auxílio-doença for temporary incapacity, aposentadoria por invalidez for long term or permanent incapacity, and the Benefício de Prestação Continuada (BPC) under LOAS for low-income disabled individuals. Processing combines medical evaluations, administrative procedures, and, if needed, judicial actions to enforce entitlements.

Practical reality in Goiânia is that many claimants must gather medical records, treatment histories, and proof of contributions to INSS before applying. A local attorney can help organize evidence, interact with INSS, and represent you in appeals or court when claims are denied or delayed. Online tools like Meu INSS are commonly used to initiate requests and monitor progress from Goiânia and its surrounding areas.

Lei 8.213/1991 establishes the general framework for incapacity benefits under the RGPS, including auxílio-doença and aposentadoria por invalidez.

Decreto 3.048/1999 regulates the RGPS and sets procedural rules for medical evaluations and benefit calculations.

Why You May Need a Lawyer

Here are concrete, real-world scenarios in Goiânia where legal guidance can be crucial:

• Denial of initial auxílio-doença claim after a serious accident in Goiânia, requiring evidence gathering and a formal reconsideration or appeal.
• Inconclusive or inconsistent perícia médica results, where a lawyer helps request a new evaluation or present additional medical documentation.
• Disputes over the value or duration of a disability benefit, including incorrect calculation or premature termination by INSS.
• Revisão de benefício after long-term treatment or change in medical condition, which often needs expert medical reports and legal argumentation.
• Adoção of a judicial action in Goiânia to compel INSS to grant or reinstate a benefit when administrative remedies fail or face excessive delays.
• Application for LOAS BPC for a disabled family member with limited income, including proving qualification and ensuring continued eligibility.

Local Laws Overview

These statutes form the backbone of Seguro de Incapacidade in Brazil and are applicable across Goiânia:

• Lei n° 8.213/1991 - Plan of Benefits of the Previdência Social (RGPS), creating and structuring incapacity benefits such as auxílio-doença and aposentadoria por invalidez. Publicada 24 July 1991; subsequent amendments update eligibility and calculation rules. Source
• Decreto n° 3.048/1999 - Regulamento da Previdência Social, detailing procedural steps for medical examinations, benefit calculations, carência rules, and administrative appeals. Publicado 6 May 1999; continues as the regulatory framework for RGPS benefits. Source
• Lei n° 8.742/1993 - LOAS, institui o Benefício de Prestação Contínua (BPC) para pessoas com deficiência ou idosos em situação de vulnerabilidade econômica. Publicada 7 December 1993; estabelece critérios de renda e incapacidades para recebimento. Source

In Goiânia, a rede de atendimento envolve o Sistema Único de Saúde (SUS) para suporte médico, bem como a rede federal de agências do INSS para requerimentos e perícias. Além disso, a Defensoria Pública do Estado de Goiás pode oferecer assistência jurídica gratuita a pessoas com renda limitada que enfrentam disputas de incapacidade. As mudanças recentes têm enfatizado o uso de serviços digitais, como o Meu INSS, para facilitar o agendamento de perícias e o acompanhamento de benefícios.

Frequently Asked Questions

What is the basic purpose of incapacity benefits under Brazilian law?

Incapacity benefits provide financial support when a person cannot work due to illness or disability. They include auxílio-doença for temporary incapacity and aposentadoria por invalidez for long term or permanent incapacity. The benefits require medical evidence and, often, a formal medical evaluation by INSS.

How do I apply for auxílio-doença in Goiânia through INSS?

You start via Meu INSS, uploading medical records and employment information. A medical evaluation by INSS is required, and you may be asked to attend an in-person appointment at a local agency. A lawyer can help prepare documents and track the submission.

How much does the sickness benefit pay and how is it calculated?

The amount is typically based on the insured’s salary and contribution history, subject to statutory limits. It’s generally set as a percentage of the average contributing salary, with adjustments per regulatory changes. An attorney can help verify calculation details for your case.

How long does the administrative process take for incapacity benefits in Goiânia?

Processing times vary with INSS workload and medical evaluations. In Goiânia, expect several weeks to a few months for a first decision, and longer if an appeal or supplementary evidence is needed. A lawyer can help manage deadlines and adjournments.

Do I need to contribute to INSS to qualify for these benefits?

Yes, most benefits depend on contributions to the RGPS. There is a minimum period called carência for sickness benefits, typically around 12 months of contributions, with exceptions for certain accidents or conditions. An attorney can explain your specific contribution history.

Can I work while receiving auxílio-doença or nearing a disability status?

Auxílio-doença usually requires that you be unable to perform any substantial work. Some light or partial activities may be permitted depending on medical advice and INSS rules. A lawyer can help determine permissible work and document medical limits.

Should I hire a lawyer to assist with incapacity benefits?

Having legal counsel can improve evidence gathering, timing of filings, and handling of appeals. A Goiás-based attorney understands local INSS offices and courts, which can speed resolution and reduce risk of errors. Many offer initial consultations to assess merit.

Is there a difference between auxílio-doença and aposentadoria por invalidez?

Auxílio-doença is for temporary incapacity with return-to-work potential, while aposentadoria por invalidez is for permanent incapacity with no return expected. Each has different eligibility criteria, benefit rates, and medical review requirements. An attorney can clarify which applies to your case.

Do I need periodic medical re-evaluations for ongoing incapacity?

Yes, INSS may require periodic medical re-evaluations to determine ongoing eligibility and degree of incapacity. Documentation from treating physicians often supports these reviews. Legal counsel can prepare you for these evaluations to maintain benefits.

What is LOAS BPC and who qualifies?

BPC provides a monthly stipend to people with disabilities or elderly individuals who meet income and citizen requirements. It does not require contributions to INSS, but eligibility hinges on income limits and disability criteria. A lawyer can help determine qualification and assist with the application process.

How long can I receive aposentadoria por invalidez?

Aposentadoria por invalidez can continue as long as the medical condition meets the criteria for permanent incapacity and there is no return to work. INSS may require periodic reviews to confirm ongoing eligibility. Legal counsel can monitor review dates and prepare necessary medical evidence.

Can I appeal a denied incapacity claim and what is the process?

Yes. You typically start with a Reexame Administrativo or Reconsideração within a stated deadline, then may file a judicial action in Goiânia or a higher federal court. A lawyer helps draft the appeal, gather evidence, and represent you in court.

Additional Resources

• INSS official site - comprehensive information on benefits, scheduling, and online services. https://www.inss.gov.br
• Meu INSS portal - online access to applications, appointments, and benefit status. https://www.meu.inss.gov.br
• Defensoria Pública do Estado de Goiás (DPE-GO) - free legal assistance for low-income residents in incapacity matters. https://www.dpe.go.gov.br

Next Steps

1. Collect all personal identification documents, CPF, proof of address, and work history, plus medical records and treatment notes related to the incapacity.
2. Create a file with INSS contributions, including carnês, holerites, and any previous benefit decisions, to determine eligibility.
3. Access Meu INSS and begin the application for auxílio-doença or check the status of an existing claim; organize a timeline with deadlines.
4. Consult a local lawyer in Goiânia who specializes in seguro de incapacidade to review your case and plan the best strategy for appeals or court actions if needed.
5. If the initial claim is denied or the benefit is reduced, request a Reconsideração Administrativa with supporting medical evidence and, if necessary, file an appeal within the legal deadlines.
6. Prepare for and attend the INSS perícia médica with your treating physician; ensure all medical reports reflect your current condition and limitations.
7. If administrative remedies fail, discuss with your lawyer the option to pursue a judicial action in Goiânia's federal or state courts to obtain the correct benefit.