Disability Diabetes: How to get it

What is the percentage of disability for those who suffer from diabetes? How to be declared disabled for diabetes? How are you in court?

You certainly know, at least briefly, what diabetes is and what it means to suffer from it. You will probably also be aware of the fact that diabetes confers the right to obtain a civil disability. In fact, the Italian legislation aims to protect all persons who, because of their pathology, can not enter the world of work, or who can do so, but in clearly disadvantaged conditions; likewise, those who can not perform activities typical of their age are protected. It is the Constitution itself that requires the state to help all those who, because of their disability, without adequate intervention, can not enjoy the same opportunities as everyone else. Among the main tools for the protection of the disadvantaged is the civil invalidity : it is a legal institution provided by law to grant persons with certain conditions special benefits, not only An economic type. To benefit from these facilities, the applicant must be disabled due to an illness; among these, there is certainly diabetes . It is a widespread and particularly subtle disease, the consequences of which are often underestimated. Fortunately, today medicine has made great progress and even medical boards called to evaluate the degree of disability of the patient take due account of this pathology. Nevertheless, obtaining disability only suffering from diabetes is not so simple: unless the latter is at an advanced stage, it is not always sufficient to obtain a degree of disability to protect those who suffer from it. If you also have diabetes or are just interested in knowing more about this topic, keep reading this article: let's find out together how to get disability for diabetes

Civil Disability: What's wrong? is it?

Before dealing directly with the subject of the article (" Diabetes Disability: How to Get It "), we spend a few words on the Disability . What is it? The Disability Civil (so named to distinguish it from that which comes from the causes of service, war or work) is the difficulty of performing certain functions typical of everyday life or of the relationship because of a physical, mental or intellectual impairment or impairment of sight or hearing [1]

Civil Invalidity: who is responsible?

Why civil invalidity is recognized (with consequent benefits) it is necessary that the conditions provided by law are fulfilled, namely: that the disease be ascertained by a special commission; that pathology really turns out to be disabling

According to Italian law, it is invalid civilian who suffers from pathologies such as:

• compromise his normal work capacity, if the no one is of working age ie between eighteen and sixty-five and seven months
• render him unable to carry out typical activities of his age if he is not in the range mentioned above (under eighteen or sixty-five).

Therefore, citizens over the age of sixty-five and seven months may apply for recognition of the disabling condition when they experience persistent difficulties in performing their duties and functions related to the condition. age. Likewise, a child under 18 years of age must demonstrate that he / she has persistent difficulties in performing the duties and functions of his or her age in order to be entitled to an attendance allowance.

Civil Invalidity: Percentages and Benefits [19659004] Before going to see how to have a disability for diabetes we explain why it is so important to be recognized as a disabled person. So we see what facilities are recognized to the civilian invalid. The benefits that the law provides for those declared civilian invalids vary according to the degree of disability recognized: for example, a disability of 100% entitles you to a pension of disability . The different benefits of economic benefits are no less important: even without attaining total incapacity, the patient is entitled to the free provision of prostheses, devices and aids; exemption (partial or total, depending on the degree of disability) from the payment of the health ticket for all medical services concerning disabling pathology; facilitation of the clbadification of social housing and telephone charges (on the basis of reported income)

Disability Allowance is only for those who are declared disabled with a percentage between 74 and 99 %; moreover, contrary to the accompaniment allowance, it is also necessary that the subject be in a state of economic need. On the other hand, the disability pension is only for those who have a disability of 100%

Schematically, we can therefore summarize:

1. incapacity equal to or greater than 34% (minimum threshold ): social benefits such as, for example, prosthetic and orthopedic services,
2. disability equal to or greater than 46% : enrollment in targeted placement;
3. invalidity equal to or greater than 50% : extraordinary leave for treatment (if provided by the CNLC),
4. disability equal to or greater than 67% : partial exemption from payment for visits, examinations and specialized diagnoses
5. disability equal to or greater than 74% : monthly care allowance
6. 100% disability : invalidity pension.

In addition, the 100% disabled who is also disabled walk without the permanent help of a companion or with a need for ongoing badistance or who is not able to lead to well the acts of everyday life autonomously, also entitled to accompanying allowance [2]

Diabetes: what is it?

Diabetes is a chronic disease that has high levels of glucose in the blood and is caused by chronic disease. Amount or impaired function of insulin, the hormone produced by the pancreas that allows glucose to enter the cells and serve as a source of energy to our body. If this mechanism freezes or is impaired, glucose accumulates in excess in the blood, with consequences also very serious: among other things, for example, diabetes increases the risk of occurrence of cardiovascular diseases, including retinopathies, glomerulopathies and neuropathies, due to a thickening of the vascular wall and insufficient blood supply. Indeed, among the effects of hyperglycemia, there is also the reduction of food intended for the brain. In this regard, many studies have shown that people with diabetes are more susceptible to Alzheimer's disease than other people [1949160] diabetes therefore, can cause very serious health problems, and in all cases almost always involves a noticeable change in the lifestyle of those who suffer from it. Diabetes must be managed and monitored constantly. If the disease does not present serious complications, the diabetic is able to perform normally his professional activity, even if he still needs his own spaces for therapies and to keep his health under control.

Diabetes: what is the percentage of disability

Diabetes is one of the pathologies provided for by law in special ministerial tables [3] in order to recognize the Civil disability. In particular, there is a different disability rate depending on the type of diabetes suffered by the patient:

• Type 1 or Type 2 diabetes with micro-macroangiopathic complications and moderate-grade clinical manifestations: disability recognized 41% to 50% ;
• insulin-dependent diabetes mellitus with poor metabolic control and hyperlipidemia or frequent hypoglycemia attacks despite treatment: disability from 51% to 60% ;
• Diabetes mellitus complicated by severe nephropathy and / or proliferative retinopathy, maculopathy, vitreous haemorrhage and / or peripheral arterial disease: disability from 91% to 100% .

How to get a disability for diabetes?

Finally, we come to the most interesting topic: how to get disability for diabetes? First of all, it should be known that the degree of disability of a person is evaluated and possibly recognized by a special medical commission which, on the basis of the ministerial tables quoted above. high, establishes the degree of disability in relation to the pathology of the person

More specifically, the person who intends to apply for the disability for diabetes must d & # First, consult your family doctor to complete the online medical certificate, to certify the disabling pathology. Once this is done, the medical certificate must be transmitted electronically to the INPS, by directly accessing his personal space with the help of a PIN or through patronage or other means. Professional Affiliations. The INPS will fix the visit of the medical badessment to the ASL Commission completed by a doctor from the INPS

So, if you have diabetes, if you think that this disease leads to a reduction of at least one third of your work capacity or the impossibility of performing certain acts of daily life, must follow these simple steps:

1. go to your family doctor and get delivered a special medical certificate attesting the presence of diabetes and / or more likely disabling conditions. The certificate has a cost that averages about fifty euros,
2. transmitting the medical certificate, as well as the civil disability claim, to the territorially competent INPS. The application must be sent electronically, by accessing your personal space via a PIN, or by relying on a referral, which will give you free of charge.

Disability Diabetes: What is the procedure?

The request is sent, Inps date of the visit that the applicant will have to support at his office. Normally, unless it involves very serious pathologies (for example of oncological nature), the convocation visit will not arrive for a few months. This is a rough estimate, variable depending on the workload that weighs on the territorially competent INPS. If the form of diabetes that the patient suffers is particularly serious, then the date of the visit could also be fixed soon. The medical committee that will review the applicant will need to badess the severity of diabetes and the ability of the latter to reduce the work capacity of the invalid or to prevent him from doing things of all. days.

Diabetes Disability: What if not granted?

We said that in order to be declared invalid for diabetes it is necessary to send a specific request electronically to the INPS; the institution will summon the applicant to his office to conduct the medical examination. What happens if, as a result, the disability is not recognized or is recognized to a lesser extent to what is deemed to be due?

The person to whom the disability was refused because of diabetes or who was unsatisfactory, can appeal to the court within six months from the notification of the results of the visit. The delay is indicated in the letter sent by Inps to the address of the person who requested the disability: the communication contains the report of the visit with the corresponding result.

The appeal must be presented to the court territorially competent and consists of requesting the appointment of a technical adviser of office (a coroner) who re-evaluates the health of the plaintiff [4]. The help of a lawyer is necessary. In the event of a negative outcome, it is always possible to contest the adverse report and proceed with the merit appeal [5] in which the findings of the visit must be specifically challenged and, if so, ask to judge Appointment of a new technical advisor. It is only at the end of the trial that the judge will determine whether the plaintiff has the right to disability for diabetes

notes

[1] Law n. 118/1971 of 30.03.1971.

[2] Law n. 18/1980.

[3] Ministerial Order of 05.02.1992.

[4] Art. 445- bis cod. proc. Civ.

[5] Art. 445- bis sixth paragraph, cod. proc. Civ.

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