The assessment of the inability of persons with disabilities takes place in accordance with Decree-Law No. 202/1996 of 23 October, which established the disability evaluation system of people with disabilities for access to measures and expected benefits the law, which referred to the National Table of Disabilities approved by Decree-law No. 341/1993, September 30, as defined in Article 2 of law No. 38/2004 of 18 August. However, this National Table of Disabilities has been revoked by the National Table of Incapacity for Work and Occupational Diseases Accidents (TNI), approved by Decree-Law No. 352/2007 of 23 October.
It therefore adapt the procedures set out in Decree-Law No. 202/1996 of 23 October, the instructions provided in the National Disability Table for Work and Occupational Diseases Accidents (TNI), in order to safeguard the specificities own the disabilities of people with disabilities, ensuring that the review process or reevaluation the degree of disability resulting from the application of the National Table of incapacity for Work Accidents and Diseases current Professionals at the valuation date or the last revaluation is always kept that in according to the medical Committee's statement proves more favorable reviews.
To facilitate the evaluation process of the inability of people with disabilities and disabilities which severely limited prejudging their displacement, shall be admitted on an exceptional basis, that one of the elements of the Medical Committee provided for in Article 3 of Decree Law No. 202/1996 of 23 October [amended and republished in annex to Decree-Law No. 291/2009 of 12 October], scroll to habitual residence.
It is republished in annex to Decree-Law No. 291/2009 of 12 October, which is an integral part, Decree-Law No. 202/1996 of 23 October, as amended.
COMPETENCE AND COMPOSITION OF JOINT MEDICAL
1 – Without prejudice to the specific competencies of health together the branches of the Armed Forces and Public Security Police and the medical boards of the National Republican Guard, the assessment of disabilities for people with disabilities Racing medical boards for the established purpose.
2 – The medical boards are made within the regional health authorities by health authorities, are appointed by order of the regional health delegate with the following composition:
a) a chairman, two permanent members and two members alternates, the President replaced in his absence or impediment, by 1 effective vowel.
DISABILITY ASSESSMENT
1 – The evaluation of disability is calculated according to the National Table of Incapacity for Work and Occupational Diseases Accidents, approved by Decree-Law No. 352/2007 of 23 October [approves the new National Table of Disability by Accident Work and Occupational Diseases, repealing Decree-Law No. 341/1993 of 30 September and approved the National Table for Permanent Disability Evaluation in Civil Law by publishing the attached], based on the following:
a) In assessing the inability of people with disabilities, according to the defined in Article 2 of Law No. 38/2004 of 18 August, should be subject to the general instructions listed in Annex I to Decree-Law No o 202/1996 of 23 October [amended and republished in annex to Decree-Law No. 291/2009 of 12 October], which is an integral part, as well as everything that is not the contrary, the specific instructions in each chapter or number of that table;
b) do not apply in the context of the assessment of disability, the general instructions in that table.
2 – After the examination, the chairman of the medical board shall, by computer or manually via the respective medical certificate multipurpose disability, which follows the model approved by order of the Director-General of Health, which expressly indicates what percentage inability of the evaluated.
3 – When the degree of arbitrated incapacity is likely to further change the board shall indicate the date of the new examination, taking into account the provisions of the National Table of Disability or clinical reasons you have been there.
4 – Where the law from making the award of benefits to certain specific requirements, the disability certificate must indicate the purpose for which it is intended and its effects and legal conditions as well as the nature of the disability and the relevant constraints for granting benefit.
5 – Whenever the medical board considers it necessary to further clarification in the context of medical and surgical specialty, should the president request additional tests, technical or specialty, which report shall be submitted within 30 days.
6 – disability certificates can be used for all legally intended purpose, acquiring a multipurpose function and requires all public and private entities, to whom be displayed, return them to the interested parties or their representatives after annotation in accordance with the original, bet on photocopies.
7 – Without prejudice to paragraph 1, in review or re-evaluation process, the degree of disability resulting from the application of the National Disability Table for Work Accident and Health Insurance Professionals current at the date of assessment or last reassessment is always maintained which, according to the medical Committee's statement proves more favorable reviews.
8 – For the purposes of the preceding paragraph, it is considered that the degree of disability is unfavorable to evaluated when changing the degree of disability resulting from review or re-evaluation involves the loss of rights that it is already exercising or benefits already have they been recognized.
9 – In the review or re-evaluation, the degree of disability resulting from the application of the national table of disabilities due to occupational accidents and diseases remains unchanged always resulting in a lower degree of disability to some degree at the valuation date or last revaluation .
And if you do not agree with the assessment?
Assessment of disability can be appealed necessary for the Director-General of Health, to submit to the regional delegate of health within 30 days.
2 – The Director General of Health may determine the reassessment for new medical board constituted by the regional delegate health area of habitual residence of the person concerned, who shall preside, and two members who have not participated in the contested assessment, one of which may be proposed by the person concerned.
3 – The approval of the second review, the Director General of Health, may be appealed (judicial), in general terms.
OTHER RULES LEGAL OR REGULATORY:
Decree-Law No. 202/1996 of 23 October, as amended by Decree-Law No. 291/2009 him, 12 October [See also Article 4, paragraph 7] [https://dre.pt/application/file/491624];
The Order (extract) No. 26432/2009 [approves the new medical certificate model multipurpose disability (mod.DGS / ASN / 01/2009)] [https://dre.pt/application/dir/pdf2sdip/2009 /12/235000000/4921549215.pdf].
In this new model should be DECLARED in revaluation situation, the previous degree of disability for the purposes of Article 4, paragraph 7, of Decree-Law referred to above.
Official Letter of the Tax Service Directorate on Personal Income (DSIRS):
http://info.portaldasfinancas.gov.pt/NR/rdonlyres/2A5CE107-186A-499F-B46B-C3EB4F3E6199/0/Oficio_Circulado_IRS_20161.pdf .
Special protective regime disability for beneficiaries who are in permanent incapacity for work, and rapidly evolving prognosis for a situation of loss of autonomy with negative impact on the profession by them, caused by family Amyloidosis, disease Machado-Joseph, HIV / AIDS, multiple sclerosis, oncological disease, amyotrophic lateral sclerosis, Parkinson's disease, Alzheimer's disease and rare …