Best Social Security Disability Lawyers in Pompeu

About Social Security Disability Law in Pompeu, Brazil

Social security disability in Pompeu, Brazil is governed by the federal social security system administered by the INSS - Instituto Nacional do Seguro Social. Although laws are federal, residents of Pompeu follow the same eligibility rules, benefit categories, and administrative procedures that apply across Brazil. Common benefits include auxílio-doença - temporary sickness benefit, aposentadoria por invalidez - disability retirement, auxílio-acidente - accident-related compensation, and in some cases the Benefício de Prestação Continuada - BPC under LOAS for people with severe disability and low family income. Access to benefits depends on medical evaluation by an INSS medical examiner, contribution history recorded in the CNIS, and compliance with legal requirements established by Lei 8.213/1991 and other federal norms, including changes introduced by the constitutional amendment 103/2019.

Why You May Need a Lawyer

Dealing with social security disability claims often requires legal knowledge and procedural experience. Common situations where legal help is useful include:

- Denial of a benefit after an INSS medical exam that you believe wrongly assessed your capacity to work.

- Disputes about the calculation of benefit amounts, retroactive payments, or contribution records in the CNIS.

- Complex medical or occupational facts - for example multiple chronic conditions, psychiatric disabilities, or injuries from workplace accidents.

- Filing timely administrative appeals and preparing evidence to support those appeals.

- Taking a case to the Justiça Federal when administrative remedies are exhausted or when urgent measures such as antecipação de tutela are needed to obtain provisional payments.

- Navigating BPC-LOAS eligibility rules, means-testing and representation for low-income applicants who may qualify for social assistance rather than insured benefits.

A lawyer or the Defensoria Pública can advise on strategy, prepare medical and technical evidence, represent you in administrative appeals and court, and help protect your rights to indemnities and retroactive sums.

Local Laws Overview

Key legal aspects relevant to social security disability in Pompeu include the following federal laws and rules that apply locally:

- Constituição Federal - guarantees social security as a right and establishes the general framework for welfare and social protection.

- Lei 8.213/1991 - the main statute regulating benefits paid by the social security system, including eligibility rules for auxílio-doença, aposentadoria por invalidez, auxílio-acidente, and rules on carência - contribution periods that may be required for some benefits.

- Lei 8.742/1993 - LOAS, which establishes the Benefício de Prestação Continuada - BPC for persons with severe disability and very low income who are not necessarily contributors to the INSS.

- Emenda Constitucional 103/2019 - the 2019 pension reform which changed calculation methods and some eligibility rules for retirement and other benefits; it is important to verify which rules apply to your situation based on the date of filing and contribution history.

- Administrative rules from the INSS - including the requirement for pericia médica at an INSS office, procedures for requesting benefits through the Meu INSS system, and the administrative appeals process that must normally be exhausted before seeking judicial review.

- Local administrative support - Pompeu municipal social assistance services such as CRAS and the Secretaria Municipal de Assistência Social can help with BPC-LOAS applications, gathering income documentation, and social support measures.

- Judicial remedies - appeals from INSS administrative decisions generally go to the Justiça Federal. Low-income applicants may obtain representation from the Defensoria Pública da União in federal cases.

Other practical legal rules to keep in mind include deadlines - administrative appeals normally have limited timeframes, and retroactive payment claims are subject to the general civil prescription - commonly five years for social security credits unless specific rules provide otherwise.

Frequently Asked Questions

What types of disability benefits can I apply for in Pompeu?

You can apply for auxílio-doença (temporary incapacity benefit), aposentadoria por invalidez (permanent disability retirement), auxílio-acidente (compensatory benefit after a work-related sequela), and in some situations the BPC-LOAS for people with severe disability and very low family income. The right benefit depends on your contribution history, medical condition, and whether the disability is work-related.

Who is eligible for auxílio-doença and aposentadoria por invalidez?

Eligibility for auxílio-doença and aposentadoria por invalidez depends on medical incapacity to perform your usual job or any work, and on contribution requirements. In many cases you must have a minimum period of contributions - called carência - except for disabilities caused by work accidents or certain listed diseases. The INSS medical exam determines the degree and expected duration of incapacity.

How do I start an application for disability benefits from Pompeu?

Start by registering and requesting the benefit through the Meu INSS platform or by scheduling an appointment at the nearest INSS service point. Gather identification, CPF, work and contribution records (CNIS), medical reports, test results, prescriptions, and employer documentation if applicable. Attend the INSS medical exam when scheduled with all relevant medical evidence.

What documents and medical proof are most important?

Medical reports from specialists, hospital records, lab and imaging results, continuous medication prescriptions, occupational health reports if relevant, and statements from employers describing job duties are all useful. Your CNIS contribution record and identification documents are essential. The stronger and more detailed the medical documentation, the better your chances of a positive INSS decision or a successful appeal.

What if my benefit request is denied by the INSS?

If your request is denied, you can file an administrative appeal within the INSS system - follow the deadlines indicated in the denial notice. If administrative remedies are exhausted or you need urgent measures, you can seek judicial review in the Justiça Federal. Many claimants use a lawyer or the Defensoria Pública to file appeals and prepare medical-legal evidence for court.

How long does the INSS take to decide on a disability claim?

Decision times vary widely and depend on scheduling of the medical pericia, the complexity of the case, and the INSS backlog. Some cases are decided in a few weeks, others take several months. If a case goes to court, judicial timelines also vary, but courts can grant preliminary relief to secure payments while the case proceeds in urgent situations.

Can I receive back pay if my benefit is approved late?

Yes, successful claims commonly include retroactive payments for the period of proven incapacity up to the date of the grant. However, retroactive claims are subject to prescription rules and administrative limits - generally INSS credits are subject to a five-year recovery period, so you may not recover amounts older than that unless specific exceptions apply.

Is there a difference if my disability was caused by a work accident?

Yes. Work-related injuries typically remove the carência requirement for many benefits and may give access to auxílio-acidente and other protections. Compensation rules and calculations can differ. It is important to document the workplace accident with employer reports, CAT - Comunicação de Acidente de Trabalho - if issued, and medical records that link the injury to your job.

Can I work while receiving a disability benefit?

Benefícios are meant for people who are temporarily or permanently unable to perform their job or any suitable work. If you are considered partially disabled but can perform other work, the INSS may grant a different benefit or request rehabilitation measures. Returning to work while receiving a benefit can affect eligibility and payments - report changes in your capacity and income to the INSS to avoid future liability for overpayments.

Where can I get free or low-cost legal help in Pompeu?

Low-income residents can seek assistance from the Defensoria Pública da União for federal social security claims, and the Defensoria Pública Estadual for local matters. The local Prefeitura social services, CRAS, and public legal clinics at universities may offer guidance. The OAB-MG can provide referrals to attorneys who specialize in previdenciary law. In many cases a lawyer experienced in INSS litigation can improve outcomes for appeals and judicial cases.

Additional Resources

Useful organizations and resources to contact from Pompeu include:

- INSS - Instituto Nacional do Seguro Social - for benefit applications, pericias, and CNIS records via Meu INSS or the local INSS office.

- Meu INSS - the online portal and app where you can request benefits, check status, and book medical exams.

- Prefeitura Municipal de Pompeu - Secretaria Municipal de Assistência Social and CRAS - for local social assistance, income verification for BPC-LOAS, and social services.

- Defensoria Pública da União and Defensoria Pública Estadual - free legal representation for eligible low-income claimants.

- Ordem dos Advogados do Brasil - Secção Minas Gerais - for referrals to private attorneys who practice previdenciary law.

- Local health units and hospitals connected to the SUS - for medical records, specialist reports, and continuous treatment documentation.

- Ministério Público Federal - for systemic problems or class actions affecting a group of beneficiaries.

- Local social assistance non-governmental organizations and legal clinics at regional universities that may assist with documentation, social reports, and legal orientation.

Next Steps

Follow these practical steps if you need legal assistance for a social security disability matter in Pompeu:

- Gather your documents - ID, CPF, CNIS contribution record, medical reports, exams, prescriptions, employer statements, and any accident reports.

- Register and open a claim on the Meu INSS platform or book an appointment at the nearest INSS office. Keep records of all protocol numbers and communications.

- Attend the INSS pericia with complete medical evidence. Ask for copies of all INSS documents and decisions.

- If denied or if you need help preparing the claim, contact the Defensoria Pública if you are low-income, or consult a lawyer experienced in previdenciary law - ask about experience with INSS appeals and Federal Court cases.

- File administrative appeals within the deadlines stated in INSS notices, and consider obtaining supplemental medical reports or expert opinions to strengthen your case.

- Track deadlines for appeals and possible prescription of back payments - generally five years for social security credits - and act promptly if you believe you qualify for retroactive sums.

- Keep copies of all medical records and correspondence, and notify INSS promptly of any change in your health or employment status.

If you are unsure where to start, visit your municipal social assistance office or CRAS for guidance, or contact the local Defensoria Pública to check eligibility for free representation. A targeted initial consultation with a previdenciary lawyer can clarify your chances, required documentation, and the best path - administrative remedy or judicial action.