In Pink October, the National Cancer Institute (Inca) estimated 73,610 new cases this year in the country. It is the cancer that kills the most women in Brazil. Women undergoing treatment for the disease have the right to receive sickness benefit or continued benefit.
The vice-president of the Public Social Security Commission of the Brazilian Bar Association of Rio de Janeiro (OAB-RJ), Danielle Guimarães, highlights that breast cancer is one of the diseases that most affect women in Brazil, impacting not only physical and emotional health, but also patients’ ability to work and financial security.
“In this context, knowing social security rights is essential to guarantee social protection, dignity and support during treatment. Brazilian legislation offers specific support mechanisms for women affected by breast cancer, including the benefit for temporary incapacity, retirement for permanent incapacity and the continued benefit benefit (BPC/LOAS)”, says the lawyer.
Sickness benefit
The law provides that sickness benefit will be paid to the insured person who is unable to work for more than 15 consecutive days.
According to Danielle, temporary incapacity benefit, known as sickness benefit, is intended for insured women who are temporarily unable to carry out their professional activities due to breast cancer or the effects of treatment (surgeries, chemotherapy, radiotherapy and their physical and emotional effects).
She explains that, in cases of cancer, there is no requirement for a waiting period, as provided for in the article 26, item II, combined with article 151 of Law nº 8,213/91which lists serious illnesses.
It is enough for the insured to maintain the status of insured (employee, individual taxpayer, domestic worker, optional or special insured person);
Prove your incapacity for work through reports, certificates and detailed medical reports.
Retirement due to permanent disability
When breast cancer is malignant and causes total and definitive inability to work, the insured person may request retirement due to permanent incapacity (former disability retirement), provided for in article 42 of Law No. 8,213/91.
Also in this case, there is no minimum deficiency, simply proving total incapacity and insured status. The grant depends on medical expertise from the INSS, which will assess whether the insured is definitively unable to carry out any professional activity.
“These benefits guarantee human dignity and financial security to women who are undergoing treatment for the duration of their incapacity or are no longer able to return to the job market due to the severity of the disease”, says the social security lawyer.
Benefit
According to Danielle, anyone who does not contribute to the INSS and has breast cancer may be entitled to the Continuous Payment Benefit (BPC/LOAS), provided for in Law 8,742/93.
To have access, it is necessary to prove social vulnerability and disability caused by the disease.
Requirements for BPC/LOAS
Long-term impairment: the disease must cause temporary long-term treatment (lasting at least 2 years) or diagnosis of serious illness or permanent disability.
Economic hyposufficiency: family income per capita must be equal to or less than a quarter of the minimum wage. This amount can be made more flexible, taking into account expenses related to the disease, such as medication and consultations.
Not having other social security benefits: It is not possible to receive another social security benefit at the same time.
How to apply for benefits
The application must be made exclusively through the official INSS channels:
Website or My INSS app
INSS telephone number 135
The insured must gather the following documents:
Identity and CPF;
Proof of social security link (CTPS, contribution booklet, CNIS);
Reports, exams and medical reports that prove illness and disability;
Medical report indicating the estimated time of absence (in the case of sickness benefit).
In the event of INSS denial, the insured may file appeals through administrative or judicial means.
“Temporary disability and permanent disability benefits represent more than financial compensation. They are instruments of social protection, dignity and health care, allowing women to dedicate themselves to treatment without economic concerns”, adds the social security lawyer.
The president of the OAB-RJ Medical Law Commission, Carolina Mynssen, remembers that cancer patients have the right to treatment within 60 days.
“If she has the diagnosis, she has the right to start treatment within 60 days. If this does not happen, she must take legal action. The person also has the right to undergo treatment outside their municipality, if there is no specialist in their city. Patients with a serious illness also have the right to access medicines”, said the lawyer.
Patients with a serious illness such as active tuberculosis, leprosy, mental alienation, multiple sclerosis, severe liver disease, malignant neoplasia (cancer), blindness, irreversible and disabling paralysis, severe heart disease, Parkinson’s disease, ankylosing spondyloarthrosis, severe nephropathy, advanced stage of Paget’s disease (osteitis deformation syndrome), acquired immune deficiency syndrome (AIDS) or radiation contamination has the right to withdraw the Service Time Guarantee Fund (FGTS).
The medical lawyer also highlights that people with serious illnesses are entitled to exemption from income tax on their salary or retirement.
“There are many months or years of treatment, the person is often unable to return to work. Therefore, with the exemption from income tax, they have fewer cuts in income, which will obviously be impacted by the need for treatment”, said Carolina.
