Lawyers specialising in incapacity for work
Incapacity is assessed by considering functional limitations, medical progress and the actual demands of the person's occupation together.
Partial permanent incapacity
We assess how the limitations affect performance and usual duties, taking the whole case file into account.
Total permanent incapacity
The relationship between the limitations and the person's usual occupation is central to the assessment.
Absolute permanent incapacity
The documentation must explain why the limitations affect the person's capacity for work more broadly.
Severe incapacity
Support needs and independence are documented through specific medical and functional information.
Application for permanent incapacity
The application should present reports, medical progress, treatments, occupation and actual duties in an organised way, rather than simply accumulating documents without a coherent assessment.
Refusal of incapacity benefits
An unfavourable decision is reviewed alongside the available file and any medical or occupational issues that may not have been sufficiently explained.
Review of the case file
We check which documents are on file, the conclusions in the decision and the information that needs to be verified.
Administrative challenge
The challenge should respond to the decision and organise the relevant documentation around the disputed points.
Court proceedings
If the matter continues, the medical and occupational account must remain consistent throughout the proceedings.
Incapacity for work and your usual occupation
The same limitation can have different consequences depending on the duties, demands and conditions of the person's usual occupation. The actual work must therefore be described precisely.
Frequently asked questions
What requirements are considered when assessing permanent incapacity?
The assessment considers documented functional limitations, their effect on the duties of the usual occupation, and the applicable legal and contribution requirements. A diagnosis alone does not determine the degree of incapacity.
What can I do if the INSS rejects my permanent incapacity claim?
The decision and case file should be reviewed to identify which medical or occupational aspects were rejected. Depending on the case, a preliminary administrative challenge may be filed, followed by proceedings before the employment courts within the relevant deadlines.
What medical evidence should I provide?
Reports explaining the diagnosis, progress, treatments and, especially, functional limitations are useful. The person's usual work and its actual demands must also be described precisely.
Can I work while receiving a permanent incapacity benefit?
Compatibility depends on the degree of incapacity recognised and the duties of the new job. Before starting work, the decision should be reviewed and the INSS notified of the proposed activity where required.