There are some situations in which additional withdrawals can be requested from them Lifetime guarantee fund (FGTS). This situation usually occurs when a worker becomes ill with a physical disability. However, it is necessary to prove this through some documents.
Likewise, a worker can withdraw his FGTS balance in connection with other issues, unlike the usual dismissal without just cause and mortgage. When a professional suffers from a serious illness, he can consult whether or not he can receive the allowance related to his fund.
The credit available in the FGTS can be used in case of emergency, in case of disabling illnesses. Refunds are possible subject to some rules to be observed. There is a list of these illnesses in which the worker can note to see if he has the right to opt out.
In addition, in order to be entitled to the allowance, the worker must provide some documents, such as a copy of the medical examination, reports and clinical data proving the disease. He must complete the Critical Illness Medical Report to request the withdrawal of the FGTS.
List of diseases
Mental alienation, severe heart disease, blindness, radioactive contamination, Parkinson’s disease, ankylosing spondylitis, Paget’s disease, leprosy, acute hepatopathy, acute nephropathy, irreversible and disabling paralysis, active tuberculosis, HIV/AIDS malignant neoplasms in the terminal stage.
Necessary documents
The worker must submit a series of documents to withdraw the FGTS. It is possible to download the Critical Illness Medical Report Form to request the withdrawal of the FGTS on the Caixa Econômica Federal website. It is valid for one year and must bear the signature and seal of the doctor.
As mentioned earlier, the worker must provide copies of his medical examination and reports and clinical data related to his serious illness. He also needs to provide an identity document, CTPS or a document proving his employment relationship. If he is accredited, he must prove his status.
How to Apply for FGTS Advantage
Likewise, to request the benefit of an additional FGTS withdrawal, the worker must access the FGTS application. Then, when opening the application, he needs to click on “My Withdrawals”, and then on “Other Withdrawals”. It is necessary to select the option “Serious, terminally ill, or orthotics / prosthesis”.
Soon after, the name of the infected worker or carrier of the disease, who may be the carrier of the disease or the dependent, must be communicated. It is necessary to read all the information, observe the necessary documents and click on “Request for withdrawal of FGTS”. Then you must register a bank account.
The account must be in a financial institution in the name of the account holder. After that, all documents must be uploaded. It is important to ensure that they are in order and attached. Confirm the action. Caixa, in possession of all the data, will validate them and, if approved, the funds will be credited to the account.
If the worker is unable to apply for the additional FGTS withdrawal benefit related to his serious illness, through applications, he needs to go to the Caixa agency close to his place of residence. Indeed, it is necessary that he carry with him all the documents necessary to submit the application.
What to do if the benefit is denied
It may happen that the request made by the worker will be rejected. In short, a professional may be affected by a serious illness not provided for by law and receive a negative response to his application. In this case, it is necessary to seek the protection of constitutional guarantees in court.
Initially, the worker must seek the assistance of a lawyer who specializes in this type of procedure. In this way, he will have ample opportunity to have his rights recognized in court. If there is an emergency situation, due to a serious illness, the “urgent guardianship” legal tool can be used.
Therefore, the process is speeded up, the judicial body must decide the case, and prevent the delay from causing any irreparable harm to the worker. In life-threatening situations, an expedited guardianship can speed up the award of additional FGTS withdrawal to your beneficiary.
In conclusion, FGTS extra tow can come in handy in cases of need. Even if the disease is not provided for by law, it is possible to go to court to ensure benefit. In this way, the rights of workers are respected and guaranteed, especially in times of hardship.
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