Published — June 21, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After reading PERMANENT DISABILITY BENEFITS UNDER THE SOCIAL SECURITY SYSTEM, also read DEATH AND FUNERAL BENEFITS UNDER THE SOCIAL SECURITY ACT OF 2018
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The Social Security System (SSS) provides cash benefit to members with a total or partial permanent disability
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The benefit is paid either as a monthly disability pension or one-time lump sum benefit
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SSS member with a partial or total disability must have paid at least one-month SSS contribution before the semester of disability
The Social Security System (SSS) provides benefits to members. Among the benefits is a cash benefit granted to a member who becomes permanently disabled either partially or totally. When is a disability becomes permanent total or permanent partial?
The law says:
The following disabilities shall be deemed permanent total:
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Complete loss of sight of both eyes;
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Loss of two limbs at or above the ankle or wrists;
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Permanent complete paralysis of two limbs;
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Brain injury resulting to incurable imbecility or insanity; and
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Such cases as determined and approved by the SSS and/or the Social Security Commission (Commission).
Upon the permanent total disability of a member who has paid at least thirty-six (36) monthly contributions prior to the semester of disability, he shall be entitled to the monthly pension. If he has not paid the required thirty-six (36) monthly contributions, he shall be entitled to a lump sum benefit equivalent to the monthly pension times the number of monthly contributions paid to the SSS or twelve (12) times the monthly pension, whichever is higher.
If a member who has received a lump sum benefit and is reemployed or has resumed self-employment not earlier than one (1) year from the date of his disability shall again be required to register and will be considered as new member of the SSS.
If disability is permanent partial and such disability occurs after thirty-six (36) monthly contributions have been paid prior to the semester of disability, the benefit shall be the monthly pension for permanent total disability payable not longer than the period designated in the following schedule:
The Social Security System (SSS) provides benefits to members. Among the benefits is a cash benefit granted to a member who becomes permanently disabled either partially or totally. When is a disability becomes permanent total or permanent partial?
The law says:
The following disabilities shall be deemed permanent total:
-
Complete loss of sight of both eyes;
-
Loss of two limbs at or above the ankle or wrists;
-
Permanent complete paralysis of two limbs;
-
Brain injury resulting to incurable imbecility or insanity; and
-
Such cases as determined and approved by the SSS and/or the Social Security Commission (Commission).
Upon the permanent total disability of a member who has paid at least thirty-six (36) monthly contributions prior to the semester of disability, he shall be entitled to the monthly pension. If he has not paid the required thirty-six (36) monthly contributions, he shall be entitled to a lump sum benefit equivalent to the monthly pension times the number of monthly contributions paid to the SSS or twelve (12) times the monthly pension, whichever is higher.
If a member who has received a lump sum benefit and is reemployed or has resumed self-employment not earlier than one (1) year from the date of his disability shall again be required to register and will be considered as new member of the SSS.
If disability is permanent partial and such disability occurs after thirty-six (36) monthly contributions have been paid prior to the semester of disability, the benefit shall be the monthly pension for permanent total disability payable not longer than the period designated in the following schedule:
Complete and Permanent Number of Months
Loss of Use of
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One thumb 10
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One index finger 8
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One middle finger 6
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One ring finger 5
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One little finger 3
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One big toe 6
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One hand 39
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One arm 50
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One foot 31
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One leg 46
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One ear 10
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Both ears 20
When is a disabled member entitled to a monthly pension?
The disabled member is entitled to a monthly pension if he or she has paid at least thirty-six (36) monthly contributions prior to the semester of disability. In case of permanent partial disability, the monthly pension benefit shall be given in lump sum if its is payable for less than twelve (12) months.
In addition to the monthly pension, a Supplemental Disability Allowance is paid to the partial or total disability pensioners to provide additional financial assistance to meet the extra needs arising from such disability.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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