In the days when an epidemic is happening in the world, but it is becoming clear that this is probably our lot from now on and we must learn to live alongside Covid, many feel that their medical condition and fear of it worsening is harming their ability to continue to integrate into the job market and they fear for their financial future. Therefore, I have decided to provide a short explanation about the general disability procedure by the National Insurance Institute –

Rights in Israel are not granted in respect of the diagnosis of diseases, but in respect of the effect of the disease on various functions.

A general disability pension is a pension paid for the purpose of ensuring a minimum subsistence level for those whose work ability has been impaired due to their medical problems.

The purpose of the benefit is to compensate the insured for the loss of their ability to integrate into the job market.

The benefit is intended for people from the age of 18 to retirement age, which is 67 for men and 62 for women, whose actual ability to work is impaired, i.e., they have no actual income from work or their income does not exceed the amount stipulated in the regulations.

The examination assesses whether, as a result of a health condition, a person’s ability to earn has been impaired, and if so, to what extent.

When filing a claim, it is important to examine the medical documents attached to the claim for any medical impairment from which the plaintiff suffers.

In order to receive the disability pension, the insured must meet two cumulative conditions:

1. Medical disability – a medical disability is “pricing” for the health condition from which the patient suffers. The doctors of the medical committee have the task of examining what illness the person has and determining the percentage of disability for this disease according to the book of impairments.

The book contains a division into the percentage of disability of all potential defects in the human body and therefore each alleged medical defect will usually be examined by a separate medical committee.

2. Level of impairment – this assessment examines how much the percentage of disability determined in the medical disability assessment affects the subject’s ability to earn. The medical committee examines the level of injury. Has the person’s ability to earn been impaired by at least 50% as a result of the medical condition? A degree of incapacity can be determined at a rate of 60%, 74%, 75%, 100%.

An examination of the 2 cumulative conditions is performed by a medical committee at the Social Security branch closest to the subject’s home.

Sometimes the doctors of the medical committee determine a person’s entitlement to a temporary disability pension and at the end of the temporary period it is necessary to apply to the National Insurance Institute for the purpose of continuing eligibility.

It is important to know that regarding the practice of the Multiple Sclerosis Association for the Sick in the Knesset, for multiple sclerosis patients, temporary eligibility can be determined for only two years, after which the eligibility must be determined permanently.

The amount of the benefit paid is determined according to the degree of incapacity determined.

The maximum disability benefit is ILS 3,700.

Partial benefit ranges from ILS 2,135 to ILS 2,522, depending on the percentage of loss of ability to work. The dependency benefit can be supplemented by dependents, insofar as the insured has no additional income not from work.

The benefit can be received retroactively for a period of up to 12 months from the date of filing the claim.

In addition to the pension itself, those who are entitled to a full pension may be entitled to additional benefits from Bezeq, the Israel Lands Administration, the Water Authority, health funds, the Ministry of Finance, the Ministry of Construction and Housing, the Ministry of Transportation, and local authorities (discount on property taxes).

At the same time as examining eligibility for a general disability pension, those who have a pension fund and/or executive insurance are advised to examine their rights in respect of the impairment of earning capacity.

I know it sounds complex and impossible, but know that the rights are yours, do not give up your rights.

Experience shows that many people and their families tend to get confused and despair of the complicated bureaucracy that this procedure requires and therefore give up their rights or alternatively take care of themselves in an insufficiently professional way and therefore, do not get the rights they deserve and it is a pity!!! I recommend contacting a professional with experience in the field to handle the claim, build it properly, advise and accompany the patient and his family throughout the entire process until realization of his medical rights and receiving the benefit to which he is entitled.

Linoy Olenik, Attorney – Olenik Law Firm

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