After a stroke, you may experience temporary, prolonged or permanent functional limitations. Stroke victims are often eligible for several benefits and pensions that you should know about.
Your eligibility for pensions or benefits is determined by the percentage of disability you have been granted. Therefore, the manner in which you fill out the National Insurance forms, which are legal documents for all intents and purposes, is of utmost importance.
You should visit your nearest National Insurance Institute branch asafter the stroke as soon as possible to discoverour rights. In many cases, it is possible to set in motion various processes for establishing eligibility before being fully discharged from your rehabilitation framework.
If you had the stroke at work or if it was related to your job, you should notify the hospital and make sure this is noted in your hospital discharge letter.
A work injury claim must be submitted to the National Insurance Institute within a year of the occurrence of the stroke. Since this is a complex work injury claim, it is advisable to consult with an attorney before applying to the NII.
Determining disability percentage and granting a general disability pension
A general disability pension is paid to those who have been granted a disability percentage and whose earning capacity has been reduced due to their disability. The pension is paid until retirement age and can be received as vocational rehabilitation or in the form of a monthly pension.
It is not possible to receive a general disability pension if the National Insurance Institute’s medical board did not establish a sufficient level of disability and loss of earning capacity. The rate of the pension is also determined according to the disability percentage granted.
The process has two stages:
- Determining the disability percentage (degree of disability).
- Determining work incapacity/loss of earning capacity.
If your work incapacity was determined to be over 50%, you are entitled to a disability pension. If your work incapacity was determined to be less than 50%, the possibility of vocational rehabilitation will be evaluated; regardless, you are not eligible for a disability pension.
As part of evaluating your eligibility for a general disability pension, the board will determine your degree of medical disability (as a percentage), as well as its validity and duration — temporary or permanent. This evaluation is performed at a medical board by a neurologist who evaluates your medical condition, performs another medical examination, and establishes your degree of disability in light of this and the medical findings that already exist.
For individuals who have had a stroke in addition to other diseases or impairments, the medical board will grant a weighted disability percentage comprised of all the impairments. For example, if the board establishes 40% disability due to the consequences of stroke, and 20% disability due to diabetes, it will grant a weighted disability of 52%. A more detailed explanation of the calculation method can be found here.
Entitlement to a disability pension is based on two main conditions:
- The establishment of a degree of work incapacity (loss of earning capacity). To establish loss of earning capacity, you must prove that your ability to work and earn a living has been damaged by 50%.
- Entitlement to at least 60% general medical disability, or 40% weighted disability (provided that one impairment has a degree of at least 25%); or at least 50% for housewives.
Often, although medical disability has been established, it is determined that the individual is not eligible for a disability pension. In these cases, the individual might be eligible for other medical disability benefits that are not conditional on entitlement to a pension. Read more on the “additional benefits for those who have been granted medical disability but are not eligible for a disability pension” page.
After being granted a disability percentage, and until eligibility/ineligibility for a disability pension is determined and the pension payments begin, you can check if you are eligible for an income support benefit.
The list of impairments and their associated disability percentages used by the medical boards can be found here.
How to file the claim
Go to the National Insurance Institute branch near your area of residence and file a claim for the pension by filling out the appropriate form (the forms can be found here on the National Insurance Institute website or at the branches themselves).
You may also submit a claim for a general disability pension, attendance allowance, or disabled child allowance by phone. Just call the “Tviaphone” service at *3928 to submit your claim.
The National Insurance Institute must process claims within 90 days, during which time the claimant is entitled to paid sick leave from their employer or provident fund.
Documents that should be attached to the claim
-
Medical documents
- CT or MRI
- Carotid Doppler ultrasound
- Documentation from a neurologist about the current problems and past hospitalizations and surgeries
- Summary of hospitalizations and rehabilitation
- Up-to-date letter regarding current status
- Additional documents and medical examinations regarding additional impairments (for those who have additional impairments) even if they have been proven in the past
- Work and salary certifications from your workplace
- Any other document that can prove eligibility for the pension
Claims for disability pension may be filed from age 18 until 12 months after retirement age.
Stages of the process of applying for a disability pension, according to the “Kol Zchut” website: (Click on each heading to read more):
- Preparing to file the claim
- Filing a claim via regular track or fast track for special cases
- Medical board establishing medical disability
- Determining the degree of incapacity and sending notification by mail
- If the medical board approves the claim, see pension rates
If you are not satisfied with the answer, you can
appeal the nedical board’s decision or appeal the decision regarding incapacity
In any case, you can refile a claim
*Until eligibility for a disability pension is established and the pension payments begin, you can check if you are entitled to an income support benefit.
There are various entities that supply free professional assistance in disability claims proceedings, including:
- The National Insurance Institute’s “Helping Hand” centers: Free counseling and guidance in preparation for the Medical boards *2496 |https://www.btl.gov.il/snifim/Pages/yadMechavenet1.aspx
- The Ministry of Health’s “Kol Habriut” hotline:
*5400 | http://call.gov.il/infocenter/index?page=home - Hotline operated by Neeman and the Society for Patient’s Rights in Israel: 03-6022934
Pension payment
The disability pension will be deposited directly into your bank account on the 28th of each month.
If the National Insurance Institute thinks that, due to their disability, the individual receiving the benefit is not able to use the pension for their benefit or that of their dependents, the pension will be paid in part or in full to the bank account of the person appointed by the National Insurance Institute to receive the pension.
If the pension claim was filed by the claimant’s guardian, the pension will be deposited into a bank account opened by the guardian in the claimant’s name. At the spouse’s request, the increment for a spouse can be paid directly to him/her.
Filing a disability claim does not negate your right to file a private claim to your insurance company on the basis of incapacity.
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