When I am en titled to a rehabilitation benefit after spine surgery.
Rehabilitation benefit is granted to an insured person who, after exhausting the sickness benefit, is still incapable of work, and further treatment or rehabilitation promises to regain ability to work. Rehabilitation benefit is granted for the period necessary to restore the ability to work, but not longer than for 12 months. The circumstances of the rehabilitation benefit are decided by a certified doctor of the Social Insurance Institution. The doctor's decision is the basis for issuing a decision on the rehabilitation benefit. Rehabilitation benefit is not granted to a person en titled to an old-age or disability pension, unemployment benefit, pre-retirement allowance or pre-retirement benefit. En titlement to the rehabilitation benefit does not depend on the existence of the same disease after the sickness benefit has expired, but on the continued, uninterrupted incapacity for work, caused by the same or another disease, or by several comorbidities. The use of the word "still" in the quoted provision by the legislator also means that there must be continuity between the period of receiving the sickness benefit and the period of receiving the rehabilitation benefit. In other words, the state justifying the right to sickness benefit and then the right to the rehabilitation benefit cannot be interrupted. Therefore, the disease condition occurring in a specific person will en title him to the right to a rehabilitation benefit only when the degree of the severity of this condition will result in the person's inability to work.
Act of June 25, 1999 on cash benefits from social insurance in the event of sickness and maternity (Journal of Laws of 2005, No. 31, item 267, as amended).
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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