Social Security Lawyer
General disability claim from the National Insurance Institute
A general disability pension is paid by the National Insurance Institute to those who are unable to work, or to those whose ability to work has decreased due to their health condition. It may be an illness, accident or birth defect, where the injury can be manifested in a physical, or mental impairment.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
Submitting a lawsuit
Receipt of a general disability pension is conditional on submitting a claim to the National Insurance Institute, to which must be attached the relevant medical documents, which will faithfully reflect the medical condition of the claimant. After filing a claim with all the necessary documents, you must report to the Medical Committee of the National Insurance Institute, the type of committee varies according to the kind of claim. If there are a number of different medical issues, you will receive a summons to a number of committees. In each committee, there is one doctor, who has the medical documentation submitted by the claimant with his claim. The doctor asks the claimant questions and may also perform a physical examination to better understand his condition. On the basis of all these, the committee will determine which medical defect the insured suffers from and translate it into percentages of medical disability and incapacity. To the extent that the condition listed below are determined and the claimant meets the other eligibility conditions, he will receive a monthly pension.
Eligibility conditions
In order to receive a general disability pension, the claimant must be a resident of Israel, and over 18 years of age, who has not yet reached retirement age and meet the following conditions:
- Income from work : The claimant does not work at all, or his income is less than 60% of the average wage, which currently stands at NIS 6,6164. Housewives may also be entitled to a general disability pension, subject to certain conditions.
- Medical disability : The Medical Committee of the National Insurance Institute determined a medical disability at a rate of at least 60%, or at a rate of at least 40%, if there are some medical defects and for a certain defect a medical disability was determined at a rate of at least 25%.
- Disability : Due to his disability, the claimant is unable to work at all or because his ability to earn has decreased by at least 50% and he has been assigned a degree of disability in one of the following rates: 60%, 65%, 74% or 100%.
General disability pension rates
The amount that the claimant will receive is determined in accordance with the degree of incapacity, and ranges between 1,903 to -3,312 NIS per month, with these amounts being updated from time to time. To these amounts can and will be added a supplement for children and / or a spouse, all in accordance with the conditions set. In the event that the claimant goes back to work, the monthly benefit he receives will decrease. However, his total income from work and benefit will always be higher than the benefit amount alone. It is important to note that receiving a disability pension may entitle the insured to additional benefits such as: receiving a discount on property taxes and electricity, a disability card, housing discounts and more.
Appeal proceedings
As part of a general disability claim, the percentage of disability determined, the degree of incapacity and other decisions of the claims can be appealed. A claimant who received less than 80 percent medical disability, or up to 74 percent of incapacity, may appeal the medical disability determined to a medical appeals committee and to the Regional Labor Law Court. A claimant who received a degree of incapacity of less than 50% and not higher than 74%, may also appeal as stated above. The Deadline for filing an appeal: up to 60 days from the date of receipt of the notification of the decision. Also, other decisions of the claims clerk such as income level, education and the like, can be appealed to the Regional Labor Law Court within 12 months from the date of notification of the decision.
Re-check
Along with the above-mentioned appeal procedure, there is also the possibility that a re-examination of the percentage of medical disability and the degree of incapacity determined. There are 3 routes for re-examination:
- 6 months of waiting : The Social Security institute dismissed the claim due to a low percentage of medical disability or degree of incapacity, which do not qualify for a pension, and 6 months have passed since its last determination. Alternatively, the claimant was granted a partial general disability pension due to a degree of partial incapacity.
- Revenue reduction : When the claim is denied due to high income and the income is reduced, a reclaim can be filed without waiting.
- Aggravation of the condition : In such a case, it is possible to request a re-examination of the percentage of medical disability without waiting, as long as a degree of incapacity of 75% or 100% has been determined, 12 months have passed since the last examination, a doctor determined that theres an aggravations, and the claimant is not hospitalized in an institution.
Support From a Lawyer is Essential
Are you sick? Were you injured in an accident? You are welcome to contact us for legal advice We will accompany you throughout the entire claim process and work to ensure that you receive the maximum monetary compensation.
Having dealt with the complicated bureaucracy of the National Insurance process for many years, Mor & Co. understands the difficulties involved. With many years of experience and representation in all types of proceedings in the area of the National Insurance and the Labor Court, we are equipped with deep legal knowledge and many tools to assist our clients in any area in which they need representation.
Due to our deep understanding of the procedure of the various medical committees and our legal expertise, we are well positioned to provide better legal results than our competitors, as opposed to rights extraction companies who do not have the legal authority to represent their clients in medical committees. Our lawyer will accompany you to the medical committee and ensure the rules of proper law and natural justice are followed.
Our attorneys are authorized to represent you before the medical committees and the court. From the decision to file a claim to the preparation of the medical file, we are here to represent your interests and protect your rights throughout the process.
There are a number of lawyers in our office who specialize in various fields and see disability law and the National Insurance as being one of their missions. We can provide you with support in both Arabic and English to better understand your situation and provide you with professional assistance.
Don’t face it alone – contact us now by phone 02-595-3322 or WhatsApp 050-8116181 and we will accompany you all the way.
