IMPACTS AND CHALLENGES OF THE DELAY IN THE GRANTING OF DISABILITY BENEFITS

Abstract

In Brazil, due to its legal system, the protection of individuals in situations of need is guaranteed in the Major Law. The Federal Constitution states that social security is a fundamental right of citizens, embodied in access to health, social assistance and social security. The latter is responsible for guaranteeing social insured people access to receiving social security benefits, here considered indispensable to human dignity. However, in practice, many insured people complain about the difficulties faced in the process of analyzing applications, especially those that refer to incapacity for work, whether temporary or permanent, a delay observed mainly in carrying out the medical examination, an essential requirement for these types of insurance. of benefits. Due to the above, through consultation with national doctrine and legislation, this scientific article presents the impacts that the delay in analyzing applications due to incapacity has on special insured individuals through deductive and qualitative research. Throughout the text, the social security benefits studied and the grounds that give rise to the taking of legal measures to grant disability benefits are presented.