SGK does not pay monthly for those who do not want it – Latest News

Pursuant to Article 97 of Law No. 5510 on Social Insurance and General Health Insurance, income and pensions payable in the event of an accident at work, occupational disease, incapacity for work and death must be requested in writing to the Social Security Institution (SGK) . Unless written request, SGK pays nor automatically pays a pension. The unwanted portion of this income and pensions is prescribed within five years from the date of vesting. Monthly income and income from the last five-year period can be collected collectively, but the rights from the previous period are lost.

The funeral allowance is paid to the estate of the deceased, but if it is not requested within five years, the right is forfeited. Similarly, in case of marriage, a marriage allowance (also called dowry money of the people) is paid to girls who receive an orphan’s pension in the amount of 24 times their income or monthly income. If the marriage allowance is not claimed within five years, the right is forfeited.

REQUEST INFORMATION FROM SGK DOES NOT MEAN REQUEST A MONTHLY LOGIN

In retirement, the situation is somewhat different. The pension is not automatically granted to the date on which the people get the starting conditions to retirement. It is bound from the beginning of the month following the date on which the written request is made. We don’t have the right to say “I deserved my retirement 3 years ago, I want my retirement from the last 3 years”. Wrote to SGK “When can I retire?” It is not enough to ask for a pension. The fact that SGK informs you of the day you can retire does not mean that you will receive a pension at that time.

THE INCAPACITY DETERMINATION REQUEST CANNOT BE CONSIDERED A MONTHLY REQUEST

One of the most victimized problems concerns income from permanent incapacity for work, which must be linked to the result of an accident at work. Persons injured as a result of an accident at work receive 100% temporary incapacity compensation during their treatment. Persons disabled by 10 percent or more at the end of treatment are given permanent disability income as long as their disability continues and according to the rate of incapacity for work.

Determining the degree of incapacity takes time and is often the subject of legal proceedings. Applying to the SSI to determine the degree of incapacity for work is not the same as applying for income. After having detected more than 10% incapacity for work following the first report, it is necessary to request in writing from the SSI a pension for incapacity for work.

THE JUDICIARY DIDN’T ACCEPT THE AMBIGUOUS STATEMENT

The General Assembly of the Supreme Court of Appeal (M: 2017/2228 K: 2021/1067) recently decided the case of the worker who lost his job power 13.1 percent following a work accident in 1997. in 2005, workers opposed the disability rate, which was determined as 8 percent by SGK. The Labor Court ruled that the disability rate of work was 13.1 percent in 2008, and held that the disability income that was earned since 1997, when the accident occurred, should be given. SGK has earned income since 2005, when the case was filed.

A new trial started with the second lawsuit filed by the worker to the cancellation of the transaction SSI. In this case, the Labor Court ruled that the temporary disability income should be paid since 1999, taking into account that the temporary incapacity income is attached during the treatment period of 17 months after the accident .

The 21st Civil Chamber of the Supreme Court of Appeal, which examined the case on appeal request SSI, reversed the decision of the Labor Court, indicating that the employee’s request to the SGK for determining the rate of incapacity for work did not mean that the condition of a written application as stipulated in the law was fulfilled.

The Labor Court, on the other hand, resisted in its previous decision, saying that the worker’s petition to the SSI in 1999 to determine the rate of incapacity for work meant a written request.

On SGK’s request for further appeal, the Supreme Court of Appeal General Assembly, which reviewed the case, stated in the worker’s written request, “Detection of his disability due to an accident of work and then take the necessary measuresHe did not accept her request as sufficient. In the decision it was stated that it was not possible to assess the claim as a claim for temporary incapacity income benefit.

For this reason, when making such requests to SGK, the request must be made in clear and unambiguous terms.




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