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I am a hospital doctor, I have 61 years and 41 years of contributions, including 30 effective service and 11 years of repayment. From June 1st, I will be retired for total and permanent incapacity for a profitable job. Can I continue to be a doctor as a freelancer? What are the possible limits? Are there any income limits? What, if any, must be completed?
From the point of view of social security, the incompatibility of the disability pension with the development of a new work is only valid if the pension is recognized Absolute and permanent incapacity for any work activity: in practice, the prohibition only applies to the holders of a disability pension recognized by law 335 / 1995, nor to invalidity pensioners In case of absolute and permanent inability to work, since the benefit is recognized only to those who are absolutely unable to work, the perception of the pension is not compatible with any type of work. activities, whether they are independent, parasubordinated or dependent, occasional or not. In addition, the granting of the pension entails the obligation to strike lists, registers or orders relating to the artistic or professional professions.
In this case, however, the pension was recognized as a consequence of the inability to work
The inability to good work is recognized when a reduction of work ability is found, but this does not absolutely prevent to work, as in case of incapacity for any professional activity. The inability to work, in particular, is understood as the impossibility of continuing to work in a continuous and profitable way (Article 129 of Presidential Decree 3/1957), but does not stop you from working because this n & # 39; Is that the inability of any activity to work to have an absolute value
Therefore, being that the permanent and absolute disability to any work activity to be inconsistent With any work activity, the cost-effective work disability makes it possible to reoccupy, even on its own.
However, it must be considered that the pension for work incapacity can only be cumulated with income from work, in most cases, unless the person concerned reaches 40 years of age. dues .
In particular, if the control is greater than the minimum salary (507.42 euros per month for 2018) the control rate exceeding the treatment the reduction may vary according to the origin of the income:
– if the income comes from the employment of an employee, the reduction of the pension is equal to if the income comes from self-employment, the reduction is equal to 30% of the amount exceeding the minimum salary and, in any case, can not exceed 30% of the income produced (Article 72 (1) of Law 388/2000)
In any case, the reduction does not apply ( Article 10 of Law 503/1992, Inps Circ 197/2003):
– if the earned income is less than the minimum salary of the INPS
– if the pensioner is employed in contracts fixed term whose duration does not exceed 50 days in the calendar year;
– whether the income comes from activities carried out as part of programs of reintegration of the elderly in socially useful activities, promoted by local authorities and other public and private institutions (article 10 of the decree 503/1992, Circular Inps 197/2003); ] – if the worker is employed as an agricultural worker,
– if the pensioner is employed as a domestic servant for domestic and family services,
– if the earned income is an allowance received for the performance of his duties justice of the peace
– if the earned income is an allowance or a pledge of presence received by the local administrators;
– if the earned income is a public office allowance ive
– if the earned income is an allowance received by the badociate honorary judges for the performance of their duties,
– if the earned income is an allowance received by the tax courts.
In the case in point, since the reader has more than 40 years of contributions, no reduction will take place
To obtain the pension for incapacity for work, the following documents must be attached to the pension application: medical-college examination attesting the status "absolute and permanent incapacity for any profitable work"; decision to place at rest for incapacity (only in case of placement at rest for incapacity for work, the resolution must contain the attestation that it was not possible to employ the employee in a work other than the one performed, whereas this is not necessary for the incapacity for profitable work).
Article taken from the council of dott.ssa Noemi Secci
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