VISÃO MONOCULAR
Em 22/03/2021 entrou em vigor a Lei 14.126/2021 a qual incluiu a deficiência monocular como deficiência sensorial, do tipo visual.
Deste modo, a deficiência foi incluída no rol do Estatuto da Pessoa com Deficiência (Lei 13.146/2015), ampliando-se os direitos àqueles que possuem impedimento de longo prazo de natureza sensorial, o qual, em interação com uma ou mais barreiras, pode obstruir sua participação plena e efetiva na sociedade, em igualdade de condições com as demais pessoas.
Portanto, com a publicação da lei a qual reconhece a visão monocular como deficiência, os segurados poderão se aposentar por deficiência.
Nada obstante, há algumas regras para essa modalidade de aposentadoria:
Primeiro que quem avalia e classifica a doença, ou seja, se é grave, moderada ou leve, é a perícia do INSS ou médico especialista. E como é sabido, pode ocorrer do INSS analisar como leve uma deficiência que é considerada moderada, classificando, dessa forma, equivocadamente a condição do segurado. E esta classificação poderá colocar em prejuízo ao segurado que poderia se aposentar por tempo de contribuição.
Para contrapor a perícia, importante que hajam provas elementares, tais como exames e laudos médicos extemporâneos e contemporâneos, uma vez que se deve comprovar a existência da deficiência e seu grau, o que deve ser realizado através de um médico (que respeite o Código de Ética Médico).
Ressalta-se que a avaliação da deficiência é composta pela perícia médica previdenciária e pela assistência social, as quais devem atender os critérios IFBR-A – Índice de Funcionalidade Brasil de Aposentadoria e da Portaria Interministerial nº 01/2014 do INSS.
O índice IFBR-A é um instrumento que lista 41 atividades distribuídas entre sete domínios. Cada atividade do instrumento é avaliada por pontuações que consideram a dependência dos sujeitos avaliados em relação a outras pessoas ou a produtos e tecnologias no seu desempenho.
As atividades são baseadas na Classificação Internacional de Funcionalidade, Incapacidade e Saúde (CIF), e a pontuação é uma adaptação da Medida de Independência Funcional (MIF), documentos reconhecidos internacionalmente para a discussão sobre deficiência e saúde coletiva.
A avaliação de cada atividade é realizada por meio de quatro pontuações (100, 75, 50 e 25) em que 100 representa a completa independência funcional e 25 a não execução da atividade ou a completa dependência de terceiros. As pontuações intermediárias são 75, atribuída aos sujeitos que executam as atividades com o auxílio de tecnologias assistivas ou de forma diferente da considerada usual; e 50, conferida quando é necessário o auxílio, a supervisão ou a preparação de alguma etapa da atividade por terceiros.
A Lei 13.146, de 6 de julho de 2015 (Lei Brasileira de Inclusão), exige que o executivo promulgue instrumento específico para identificação dos sujeitos com deficiência para todas as políticas sociais no Brasil.
O IFBr tem o potencial de ser o instrumento base para a construção do modelo unificado, de forma que deverá ser apropriado e adequado a cada política social até janeiro de 2018.
A respeito da perícia, importante também frisar que o entendimento majoritário jurisprudencial é no sentido de que caso a atividade da parte não demonstre necessidade de visão binocular e a perícia constate capacidade para outras atividades laborais, os D. Julgadores entendem que “o julgador firma seu convencimento, via de regra, com base na prova pericial”.
Assim, a perícia e avaliação da deficiência são realizadas por médicos e cabe ao advogado acompanhar a produção de provas.
Há algumas regras de aposentadoria da pessoa com deficiência:
Aposentadoria da pessoa com deficiência por idade:
Os requisitos para obter essa aposentadoria são:
• 60 anos de idade – Homem;
• 55 anos de idade – Mulher
• 15 anos de Contribuição
Além desses requisitos é necessário, claro, ser portador de deficiência.
Aposentadoria da pessoa com deficiência por tempo de contribuição:
Esta modalidade leva em consideração o nível da deficiência, vejamos:
Deficiência grave:
• 25 Anos de Contribuição – Homem;
• 20 Anos de Contribuição – Mulher;
Deficiência moderada:
• 29 Anos de Contribuição – Homem;
• 24 Anos de Contribuição – Mulher;
Deficiência leve:
• 33 Anos de Contribuição – Homem;
• 28 Anos de Contribuição – Mulher;
Nesta regra, o que se avalia é o grau de deficiência do segurado.
A respeito dos valores da aposentadoria da Pessoa com Deficiência, esta possui um valor de benefício mais vantajoso quando comparada às demais regras de aposentadoria convencional.
Por exemplo:
• Para aposentadoria do deficiente por idade: 70% do salário de benefício + 1% para cada ano trabalhado.
• Para aposentadoria do deficiente por tempo de contribuição: 100% do salário de benefício.
O salário de benefício que deve ser aplicado é a fórmula válida antes da Reforma da Previdência, qual seja, a média aritmética dos 80% maiores salários de contribuição a partir de julho de 1994. Isto porque a Lei Complementar 142/2013 não recebe a alteração da Reforma Previdenciária, não devendo o INSS aplicar a regra nova para o cálculo de benefício.
A respeito do cálculo, da renda mensal inicial e renda mensal anual, o valor é possível através de uma consulta com advogado especialista em Direito Previdenciário, pois para sua realização depende de algumas informações do segurado e apresentação de documentos.
Links Relacionados
- Aposentadoria Especial – Aposentadoria especial
- Direito Previdenciário – A importância do Direito Previdenciário e Médico
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