WAITING PERIOD AND COVID-19: HOW TO ENSURE SOCIAL SECURITY RIGHTS OF DISABILITY CASES?

Abstract

Waiting period need for Covid-19 victims that search for disability compensation or retirement could become an obstacle for social security rights. This observation is made analyzing social security law that require twelve or six contributions per month in order to attend waiting period of entitlements. Since the beginning of pandemic, Covid-19 has been one of main reasons for time off from work in Brazil, and the coverage of this events by Social Security has been relevant. The problem is Covid-19 victims who does not finish waiting period to be eligible for disability compensation or retirement are excluded from social security protection. The final objective of this article is to prepare a solution in order to conciliate waiting period and the guarantee of social security rights of Covid-19 victims. Therefore, the bibliographic-documental research method is used, with doctrinal and legislation support, in order to analyze exceptions in waiting period of disability compensation and retirement, including changes suggested by Law Project n. 1113/2020. In the end, it was concluded that it is needed to dispense waiting period on disability cases caused by Covid-19 in order to ensure social security rights.