TRF-4 grants disability pension to housewife with fibromyalgia

The 6th Panel of the Federal Regional Court of the 4th Region determined the existence of functional limitations and temporary incapacity to reestablish the payment of sick pay, with conversion into disability retirement, to a housewife suffering from fibromyalgia and depression.

The woman received sick pay, but in 2017 the benefit was terminated after an expert report indicated the absence of work disability. She went to court to ask for the reestablishment of the aid or the granting of disability retirement, in addition to compensation for moral damages. According to her, fibromyalgia causes her body aches and excessive fatigue, a condition that would be aggravated by anxiety and depression disorders.

In February of this year, the 3rd Federal Court of Canoas denied the plaintiff’s requests, based on the expert’s report. She appealed, alleging that there was a restriction of defense, since the production of a new expert examination with specialists in orthopedics and psychiatry was denied.

The judge summoned Julio Guilherme Berezoski Schattschneider, rapporteur of the case at TRF-4, took into account a study that points to the possibility of diagnostic confusion in cases of fibromyalgia, since there are many symptoms that can arise. According to the Brazilian Society of Rheumatology, patients are subject to limitations and even temporary disability.

“Considering the bitter evidence and the personal conditions of the plaintiff, it was possible to conclude that the insured person was incapable when the social security was discharged”, pointed out the magistrate.

The court granted the reinstatement of the aid from the date of the social security discharge and the conversion into disability retirement from the date of the judgment. The case number was not disclosed. With information from the TRF-4 press office .

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