Learn how to access a disability or invalidity pension, whose pension amounts are between $500 and $700 in Ecuador

Mario Cujilema, 56, suffered a domestic accident in 2019. When he was painting his house, he touched a transformer and was electrocuted. He was taken to the hospital with serious injuries and third degree burns. He lost his right arm, half of his right leg and was left with physical consequences that he deals with until now.

Being unable to work, Mario took up the disability retirement offered by the Ecuadorian Social Security Institute (IESS). The Disability Law establishes that members who have 40% physical disability or 20% intellectual disability can access this pension. Mario has a disability of more than 50%. Until January 2021, the IESS registered 9,734 retirees due to disability. The average amount of these pensions was $738 (including tenths).

Another requirement is that affiliates with physical disabilities prove 300 contributions, with no age limit. In case of intellectual disability, they can retire by registering 240 contributions. The evaluation of the degree of disability is the responsibility of the Ministry of Public Health (MSP).

Currently, Mario receives about $500 per pension. He affirms that all the money is spent on medicines and that his children help him “for food”. According to current regulations, a disability pension will be equal to 68.75% of the average of the five years of best unified basic remuneration.

To submit the application through the IESS website, the applicant must appear in the MSP database with the percentage of qualified disability and have the card of the National Council for Equality of Disabilities (Conadis).

The fraudulent delivery of these cards, revealed in 2020, allowed hundreds of affiliates to take advantage of disability retirement even though they were not candidates. Between 2018 and 2020, pensions of this type increased by 1,200%, the IESS denounced two years ago. Now, according to the institution, the controls are “more rigorous”.

Another retirement scheme registered by the IESS is that of disability. This is an anticipated economic benefit that is granted to the insured (dependent, independent, voluntary or unemployed) who, due to common or general illness, have a physical, functional or mental alteration that makes them unable to work.

Ana Morales, 59, welcomed this figure. She suffers from lung and colon cancer. In 2017, her doctors told her that she would not be able to work anymore, because her illness caused irreversible consequences. She cannot move or sit for long. She receives a pension of $450. However, this is not enough for her to live with dignity, since she rents and now she is fighting against possible breast cancer.

Retirement due to disability can be accessed when the affiliate is active, and must have a minimum of 60 contributions, of which at least 6 must be immediately prior to and consecutive to the incapacity for any work.

The insured who is unemployed may access the disability retirement process when his inability to work has developed within two years following the cessation, and provided that he has a minimum of 120 monthly deposits, says the IESS. This scheme also applies when there are occupational accidents that incapacitate the worker.

José Ortiz Romero, president of the National Single Defense Front of the IESS, affirms that, although there are retirees who receive disability pensions, there are workers who cannot receive this benefit due to the lack of application of the law and employer delay .

“The insurance is obliged to grant retirement to the worker who suffers an accident at work and becomes disabled. If there is employer default in these cases, the IESS must assume the pension and then charge the employer through coercion. The problem is that this is not being applied“, it says.

He affirms that in flower, shrimp and construction companies there is a percentage of workers who are injured, especially in rural sectors, and that they are not receiving this benefit.

When the worker is denied retirement due to disability, he has several claim options, says Ortiz: “One way is by submitting a request to the IESS, the second is to request a protection action, the third is through a complaint in the Ombudsman’s Office, which is free of charge.”. The Constitutional Court reiterated, in September 2021, the unconstitutionality of the second paragraph of article 94 of the Social Security Law, where the provision of these services was denied in the event of non-payment by the employer.

In the ruling document, it is detailed that between 2016 and 2020, the IESS received 65,565 requests for work accidents and montepío. However, the IESS resolved only 1,429 cases in which employer liability was established for non-compliance with prevention measures. The Court ordered the reparation of the damages to the affiliates, but “this has been left there, nothing has been done”, says Ortiz.

Meanwhile, Henry Llanes, vice president of the IESS Affiliates, Retirees and Pensioners Association, warns of another inconvenience that workers, especially those suffering from catastrophic illnesses, face when trying to avail themselves of this type of benefit.

“There are those who do not have the necessary years of contributions, they lack 3 or 4 years and the law does not contemplate them. For people who have this type of disease and with a minimum of 15 years of contributions, the IESS should give them retirement, since they will not last long, they will die. There is a retirement scheme for 65 years of age and a minimum of 15 years of contribution, but there are many affiliates who are not that age, but suffer from degenerative diseases“, it says.

It affirms that a reform must be made to the Social Security Law so that this type of exception is contemplated.

For the basis of the calculation to obtain the amount of the pension for this scheme, the five years of better wages or salaries on which it was contributed are analyzed. In 2021, the amount of this type of pension averaged $517, including tenths. 29,047 retirees due to disability were registered with the IESS until January 2021.

The disability benefit is not granted when the disability occurs due to being under the influence of alcoholic, psychotropic or any other toxic substances; if the member intentionally, on his or her own behalf or using another person, causes the incapacity; when there is an attempted suicide, an intentional crime for which the insured was responsible; and when the inclusion criteria for qualifying disability are not met.

General requirements for retirement due to disability

• Comply with the required affiliation time and the percentage of disability (presentation of card).
• Be unemployed with all employers and register the notice of departure.
• Not be in default with the IESS, as an employer (if applicable).
• The contributions of the month that ceased must be paid before the 15th of the following month.
• Active and personal bank account, registered in the Labor History System.

General requirements for retirement due to disability

• Comply with the minimum contribution time in the general insurance, as the case may be for active or dismissed members.
• Contributions are cancelled.
• Not be in default with the IESS, as an employer (if applicable).
• You must not have generated an accident or occupational disease notice in occupational hazards for the same contingency.
• You must not have generated a retirement application (old age or disability).
• Active and personal bank account registered in the Labor History System. (I)