These are the ‘trick questions’ of the medical court before granting a permanent disability pension

The process of obtaining a permanent disability pension has different phases and is different from the other large contributory pensions, retirement and widow’s pensions. One of the big differences is the obligation to go through the medical tribunal.

The medical court is the colloquial name by which the court is known. Disability Assessment Team (EVI)greatly feared by pension applicants as the collective belief has been established that the members of this court are an enemy who seeks to control the patient instead of helping them.

However, the citizen must fear the medical court: its only function is to rule on the effect of a patient’s illness, disease or injury on his daily life or work and to see if he needs a pension because these effects are incompatible with the development of a job.

At the visit to the medical court The patient must be attentive and show a caring and collaborative attitude with his members, who will be able to ask him all kinds of questions.. Some of them, however, may be more important than they seem.

The trick questions of a medical court to grant (or not) a permanent disability pension

They are the ones that Fidelitis specialized portal named as ‘trick questions‘, those carried out by the members of the medical tribunal and that, under the appearance of almost trivial issues, have the objective of collecting valuable information for the decision to grant or reject the permanent disability pension. They are the following:

• How are you feeling? This question almost seems like a kind of greeting, but with it the members of the tribunal have a very specific objective: to know the patient’s spontaneous opinion about their condition, self-perception can also be very important for the medical tribunal in order to make decisions. a decision.
• Have you improved from your illness or injury in the time you have been off? It is another question that appeals to the sensations of the patient, who in the end is the one who best knows their physical and mental state. The possibility of improvement, furthermore, is a variable that can determine access or not to the pension and its degree.
• Have you come alone or accompanied? Another question that seems destined to break the ice, but that actually refers to one of the keys that are taken into account to determine the hypothetical level of a pension: the autonomy of the worker in the most essential acts of life.
• What is your job position? This issue could be similar to a way of taking an interest in the patient’s life, but it actually has the task of defining the worker’s functions as much as possible and deciding whether he or she can continue with their illness, injury or illness, which in turn impacts in the pension grade.
• What tasks did you carry out at your job? It is a somewhat more direct question than the previous one, but of the same type and approximately a similar objective: to know for sure what the patient’s ‘day-to-day life’ is, to know if he will be able to maintain it with his injury or not.

The importance of the medical court to grant a permanent disability pension

As reported by Social Security in his web pagethe entities competent to decide if there is a permanent disability pension and its degree are “the provincial directorates of the INSS through the disability evaluation teams“.

This means that, ultimately, it is Social Security that is responsible for making the final decision. With all opinion of the medical court, despite not being binding, is closely taken into account by the agency, which has a period of 135 business days from the arrival of the citizen’s request.