The National Institute of Social Security (INSS) will have to grant a beneficiary with blindness in both eyes the Assistance Benefit of Continued Provision for the Disabled (Loas). The administrative request had been denied on the grounds of non-compliance with the requirements formulated for analysis of the request.
However, the substitute federal judge Gabriel MT Valente dos Reis, from the Special Civil and Criminal Court of the Judicial Subsection of Aparecida de Goiânia, understood that the disability was proven and that the author is in a situation of social vulnerability.
Lawyers Ana Alice Oliveira Lemes, Tiago Pinheiro Mourão and Rodolfo Braga Ribeiro, reported that the beneficiary is unemployed and does not have the means to provide for his own maintenance or to have it provided by his family. Therefore, he administratively requested the Loas, but had the request denied. The argument was that the circular memorandum concerning the family group presented was illegible and had not been ratified.
However, they argue that the document was duly completed digitally and signed. They emphasized that the claim cannot succeed, since the documents presented do not prevent the analysis of its content, and the denial of the benefit is not justified. Thus, they observed that the municipality acted negligently towards the insured, incurring unlawful conduct that resulted in unfair deprivation of food money, putting their livelihood at risk.
When analyzing the request, the magistrate said that in the case of a person with a disability, the law requires the demonstration of an important disability and compatible with the normative sayings of the International Convention on the Rights of Persons with Disabilities. In addition to characterizing the situation of economic and social vulnerability.
In the case in question, he observed that the medical expert found that the plaintiff has a sensory impairment characterized by legal blindness in both eyes, with limitations resulting from having irreversible blindness in both eyes. In the case of an irreversible condition, having been unable to work since October 2015.
The magistrate pointed out that, after socio-economic expertise, the social worker informed the plaintiff lives with his wife and that the couple has no income, receiving financial help from their children and family members to meet their needs. Expenses with food, gas, clothing, cell phones and condominium fees are paid for through donations.
“The socioeconomic study concluded that the plaintiff is in a situation of social vulnerability. In view of the above considerations, the granting of the benefit is due to confer a minimum level of dignity to the plaintiff,” he added.