There are cases in which a request for disability retirement is initially rejected, but ends up being recognized later. When this happens, the doubt is almost inevitable: does payment only start from the new decision or can it go back in time?
In Portugal, the answer depends on the date on which the disability is recognized or reported by the competent authorities. And this detail can make a difference in the final amount to be received, especially when there are months of waiting, appeals or a date of incapacity fixed in the process.
According to Social Security and the portal, disability retirement is intended for people who are permanently incapable of working for non-professional reasons, as long as they meet the conditions set out in the general regime. Disability is certified by the Disability Verification System, through reporting doctors and competent committees.
The date that can change retroactives
The central point is in article 50 of Decree-Law nº 187/2007, which regulates the beginning of disability retirement in the general Social Security regime.
According to this rule, the pension is due from the date of the decision of the verification or appeal committee, or from the date on which that committee reports the incapacity. However, there is an important limitation: the pension cannot start before the date of the request or the unofficial promotion of verification of incapacity.
In practice, this means that if disability is only recognized at a later stage, there may be back pay. But it all depends on the date indicated by the commission or recognized in the process as a relevant moment of incapacity.
Initial refusal does not necessarily close the case
An unfavorable Social Security decision does not mean, in itself, that the beneficiary is definitively without a chance.
The system provides for verification committees, appeal committees and specific mechanisms for new requests in certain situations. Decree-Law No. 187/2007 establishes that the verification of incapacity for the granting of a pension is carried out by the district Social Security centers, within the scope of the incapacity verification system.
According to the Social Security practical guide on the Permanent Disability Verification Service, anyone who does not agree with the verification committee’s decision can request a new assessment by the Appeal Committee within 10 working days of the decision being communicated.
That’s why medical reports, exams, updated clinical information and proof of disease progression must be delivered at the right time. In the initial request, or in a new request for aggravation, these elements may have relevant weight. In the appeal to the Appeal Committee, Social Security indicates that no new documents or exams can be added, with the decision being taken based on the elements of the process already analyzed.
The date of the final decision does not always count
One of the most common mistakes is to think that the pension always starts on the day the final decision is made.
The law allows the commission to report the incapacity to a date prior to its deliberation, as long as that date respects the legal limit of the request or unofficial promotion. This is precisely where retroactives can arise.
For example, if the request was made on a certain date and the incapacity was only recognized months later, the amount to be paid may be reduced if the commission concludes that the incapacitating situation already existed before the deliberation. But this withdrawal cannot go beyond the date of the request or the verification carried out ex officio by Social Security.
Work accidents follow another rule
The framework changes when the disability results from an accident at work.
In this case, the general regime disability pension is not at issue, but rather the permanent disability pension provided for in Law No. 98/2009. This law establishes that the pension for permanent disability begins to expire on the day following the injured person’s discharge.
The same law also provides for a provisional pension for permanent disability between the day following discharge and the moment the pension is definitively fixed.
In other words, in work accidents, clinical discharge plays a central role in counting the economic effects, contrary to what occurs in the general disability retirement regime.
Occupational illness also has its own rules
In occupational diseases, the same Law No. 98/2009 provides that the pension for permanent incapacity is due from the date on which the respective situation is certified.
Even so, this date cannot be prior to the application or mandatory participation, unless it is proven that the illness refers to an earlier date.
This point is relevant because it shows that not all disability pensions follow exactly the same logic. The applicable regime makes a difference and may change the date from which money is to be received.
What to keep before complaining
Anyone who has been refused a pension and believes that the disability already existed must gather complete clinical documentation.
Medical reports, exams, hospital history, sick leave and previous decisions can be important to demonstrate the evolution of the situation. The clearer the evidence about when the disability became permanent, the stronger the beneficiary’s position will be.
It is also essential to respect the deadlines indicated by Social Security. The Appeal Committee request must be made within 10 working days after communication of the decision. If the Appeal Committee concludes that there is no right to the benefit, it is only possible to request the pension again, as a rule, after six months, unless there is a duly substantiated worsening of the health condition.
The detail that decides everything
In Portugal, the issue of retroactive payments is not resolved simply by asking the question “when was the pension approved?”. The decisive question is another: on what date was the disability reported?
If this date is before the final decision, and is within legal limits, there may be late amounts to receive. If not, payment will only start from the moment defined by the competent bodies.
In the end, the difference may be in one line of the process, but that line may represent several months of pension.
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