O método de avaliação da deficiência como entrave à aposentadoria ao portador de deficiência no RGPS.

Abstract

This paper is entitled “The Disability Assessment Method as a Barrier to Retirement for Persons with Disabilities in the RGPS” and deals with the retirement of persons with disabilities in the General Social Security Scheme. The method of assessing the degree of disability is the main object of the study, as it is indispensable for obtaining the benefit. Specifically, it evidenced this retirement as an advance of the rights of people with disabilities. The problem pointed out in the research concerns how the method of assessment of persons with disabilities may indicate a barrier to retirement of the disabled in the RGPS. According to this problem, it has been hypothesized that the disability assessment method sometimes impairs the retirement of the disabled, as there are many cases in which he or she is able to perform simple daily tasks. The theme is justified by those cases in which the requesting taxpayer is observed by the medical expert as a person with disabilities, but in the social expert is barred to receive the benefit for not having dependence on other people to perform these simple daily activities. The present work will have as general objective to analyze the disability assessment method. The specific objectives will be to verify the negative consequences of the disability assessment method for the retirement of the disabled person in the RGPS and to observe the rights of the disabled person against the disability assessment method in the RGPS. The methodology to be used for this work is the deductive approach method, which will make a more comprehensive analysis of the subject. Then the specific concept and standard will be studied, giving the work a greater detail and increasing the reader's field of view on the subject. Regarding the methods of procedure, the historical and comparative methods were adopted. The research technique, in turn, consisted of indirect documentation, for data collection through doctrines, legislation and jurisprudence. In conclusion, it is understood that the social expertise needs revision, since it focuses on the dependence of the disabled person on others, thus leaving something to be desired in other barriers of daily life of the independent disabled person.