The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Conditions governing the enjoyment of disability benefits by those covered by the Social Security Act with a view to the judicial procedure of the Administrative Court of Justic

Document Type : Case Study

Author
Zahra Danesh nari
University of Tehranدانشگاه صدرا
10.22034/mral.2022.550884.1288
Abstract
Disability is one of the protections provided in the Social Security Law, which is approved in various articles, including articels 7, 8, 13, 14, 17, Article 2, Article 3, Articles 60, 61 and 66, as well as Articles 70 to 75 of the Social Security Law. 1354 is dedicated to it. The purpose of establishing a disability pension is to support people who lose part or all of their ability to work due to various accidents or illnesses, and depending on the type of injury, the issue of protection can be in the form of general disability, partial disability. . In addition to the legal provisions mentioned, the Social Security Organization, as the custodian of disability protection, has issued several directives and instructions, the latest of which is the directive for the aggregation and summary of directives and administrative orders for continuous disability. Which provides comprehensive rules on how to establish a pension. On the other hand, an important part of the lawsuits filed in the Administrative Court of Justice is dedicated to the issue of "obligation to establish a disability pension" and "objection to the decisions issued by medical commissions" and the General Assembly of the Administrative Court of Justice The issue of disability has been addressed, especially in the case of medical commissions. The results of this study show that the branches of the Court of Justice have the authority to comment on the history of the disease, which is effective in the matter of pension

Highlights

One type of social insurance is a disability pension. In all countries of the world, work-related accidents have received special attention and special compensation plans have been considered for them. Germany, France, Italy and Australia are pioneers in the field of occupational accident protection. Chapter 5 (Articles 54 to 66) of the Social Security Law of Iran, approved in 1975, is specifically dedicated to accidents and diseases, and Chapter Six (Articles 70 to 75) is dedicated to disability. Legal material has also dealt with hard and harmful work. In addition, by-laws, executive instructions, and directives related to the set of laws have been gradually developed over the years. It is worth mentioning that Circular No. 5743/96/1000 was issued on 1/6/1396 with the title "Review, aggregation and summary of circulars and administrative orders for continuous disability". In fact, in order to revise, aggregate and summarize administrative directives and orders, clarify regulations, facilitate the provision of services, create a unified procedure in doing things and also for proper information and integrated explanation of the issue of disability, the above directive from date Issuance has replaced all directives and administrative orders issued in this field.

According to paragraphs 13 and 14 of Article 2 of the Social Security Law, disability is divided into two categories: general and partial disability. According to Article 13 بند 2 of the Social Security Act, total disability is a reduction in the insured's power so that he or she cannot earn more than one-third of his or her previous income by engaging in a previous job or other job. According to Article 14 بند 14 of the Social Security Act, a partial disability is a reduction in the insured's ability to earn only part of his or her income by engaging in a former or other job. It is important to note that the payment of a disability pension is relevant only in relation to general disability: as in Article 72 of this law, the legislature has explicitly used the term "monthly total disability pension".

. Examining the provisions of the Social Security Law as well as the unanimous rulings issued by the General Assembly of the Administrative Court of Justice can help to better understand this type of lawsuit in the Administrative Court of Justice. Accordingly, according to the provisions of the provisions of the Social Security Law, including Articles 70, 75 and 91 of the Law, the Medical and Review Commissions of the Social Security Organization have the exclusive authority to diagnose the type of disease and determine the degree of disability. Prerequisites by the organization for the people to raise issues in the medical commission are against the law, and the jurisprudence of the General Assembly of the Court emphasizes the same meaning and issues directives issued by the organization that are contrary to the principle of access to medical authorities. Be annulled. On the other hand, the jurisprudence of the Court shows that medical commissions have the authority to determine the date of illness, but despite the expertise of the medical commissions, this prevents judicial oversight of the branches of the Administrative Justice Court on the issue of "history." "Illness" is not

Keywords
Disability
Social Security Act
Right to Social Security
Court of Administrative Justice
. the medical commission
Subjects
References
Akhavan Behbahani, Ali, Masoudi Asl, Yerevan, Principles and Foundations of Social Insurance, Tehran, Higher Institute for Social Security Research, 2017.
Adibnia, Yadaleh, A study of the trend of prevalence of work-related disability in the insured of the Social Security Organization, Social Security Quarterly, 8th year, No. 26 and 27, 2006.
Arji, Mostafa, Analysis of the impact of work-related accidents on the costs of the Social Security Organization of Iran in the years 1370 to 1389, Social Security Quarterly, No. 36 and 37, 2012.
Ostvar Sangari, Kourosh, Social Security Law, Tehran, Second Edition, Mizan Publishing, 2008.
Babazadeh, Vahid, Yavari, Assadollah, The concept of selective jurisdiction in the rulings of the Court of Administrative Justice, Quarterly Journal of Free Legal Research, Volume 7, Number 25, 2014.
Badisar, Seyed Nasreddin, Ostvar Sangari, Kourosh, Masoudi Asl, Yerevan, Evaluation of medical services in Iranian social security law, Journal of Parliament and Strategy, 18th year, No. 68, 2011.
Blake Moore, Ken, Introduction to Social Policy, translated by Ali Asghar Saeedi and Saeed Sadeghi Jasteh, Tehran, Higher Institute for Social Security Research, 2012.
Beatrice, Mainoni Dintiano, Insurance and Social Support, translated by Iraj Aliabadi, 2001.
Judicial Procedure Educational Booklet on Insurance, Labor and Social Security, Legal Assistance, Research and Prevention of the Court of Administrative Justice, General Department of Legal Affairs and Parliamentary Affairs, 1397.
Joharian, Mohammadoli, Calculation of insurance premiums in disability insurance, Iranian Central Insurance Quarterly, Year 8, Number 2, 1993.
Khaleghparast, Hossein, Rasekh, Mohammad, Naimi, Imran, Legal Analysis of Social Security in Iran in the Light of the Principles and Patterns of a Desirable Social Security System, Social Welfare Quarterly, Year 17, Issue 64, 2017.
Office of Laws and Regulations of the Social Security Organization, Social Security Law and Related Laws and Regulations, Tehran, Scientific and Cultural Publishing Company, 2015.
Zakerian Amiri, Mehdi, Head of Izad Musa, Fatemeh, The Right to Social Security in International Relations, Quarterly Journal of Political Studies, Year 8, No. 30, 2015.
Rostami, Vali, Khosravi, Ahmad, Feasibility Study of Developing a Code of Judicial Procedure According to the Nature and Characteristics of Special Administrative Authorities, Quarterly Journal of Judicial Law Perspectives, Volume 18, Number 64, 2013.
Satarifar, Mohammad, The plan to establish a comprehensive welfare and social security system, Journal of Planning and Budget, No. 74, 2002.
Sheibani, Adel, Molabigi, Gholamreza, An Introduction to the Concept of Diagnostic Jurisdiction and the Requirements of Judicial Supervision of the Court of Administrative Justice on the Diagnostic Jurisdiction of Special Administrative Authorities, Quarterly Journal of Administrative Law, Year 8, No. 26, 1400.
Saberi, Mehdi, Asadian, Ahmad, Moradi, Hassan, Al-Bouyeh, Ali, United States Social Security Law System, Journal of Medical Law, Volume 15, Number 56, 1400
Tajarloo, Reza, Taghavi, Zein Al-Abedin, Poshtdar, Hossein, The Role and Function of the National Land Dispute Resolution Commission from the Perspective of the Principles of Fair Trial, Quarterly Journal of Public Law Research, Year 17, No. 49, 2015.
Iraqi, Seyed Ezatollah, Badini, Hassan, A Study of the Shortcomings of the Social Security Law Based on Comparative Studies, Social Security Quarterly, Year 7, No. 22, 2005.
Iraqi, Ezatollah, Badini, Hassan, Shahabi, Mehdi, Introduction to Social Security Law: A Critique of Iran's Social Security Law Based on a Comparative Study, Tehran, Higher Institute for Social Security Research, 2007.
Esmati, Zeinab, Kolivand, Hassan, A Study of Short-Term Social Security Benefits in Realizing the Principle of Equality, Volume 13, Number 1, 2014.
Attarchi, Mir Saeed, Karamifar, Keyvan, Babaei, Mohammad, Seyed Mohammad, Seyed Mehdi, How to estimate the level of job participation in the disease and the current situation in Iran, Journal of the Organization of the Medical System, Volume 36, Number 1, 1397.
Aligolinejad, Mashaaleh, Mostafaei, Massoud, Occupational Medicine and Occupational Diseases, Volume One, Arjmand Publications, Tehran, 2000.
Farzizadeh, Zahra, Evaluation of Social Security Services in Iran (Case Study: Occupational Accident Insurance), Social Security Quarterly, Year 14, Issue 1, 1397.
Ghazi Nouri, Seyed Sepehr, Baratinia, Mahmoud, Sabbaghchi, Sara, Presenting a model for job support for free researchers in the country, Journal of Science and Technology Policy, Fourth Year, No. 2, 2011.
Qashqaei, Mohammad Hossein, Complete Collection of Labor and Social Security Laws and Regulations, Ninth Edition, Tehran, Negotiation Publishing, 2017.
Kaviani, Kourosh, Principles and Effects of Prohibiting Overlap of Social Insurance Obligations, Journal of Legal and Policy Research, Year 11, Issue 26, 2009.
Motusali, Mahmoud, Mashhadi Ahmad, Mahmoud, Niko Nasbati, Ali, Samiei Nasab, Mostafa, Institutional Economics; The pioneers of institutionalism that transformed economics, Tehran, Imam Sadegh (AS) University Press, 2010.
Moridi, Siavash, Culture of Social Insurance, Tehran, Higher Institute of Social Security Research, 1999.
Mashhadi, Ali, Reflections on the Judicial Supervision of the Administrative Justice Court on Diagnostic Jurisdictions in the Light of Article 64 of the Court Law, Quarterly Journal of Legal Research, No. 74, 2016.
Mashhadi, Ali, Elective Jurisdiction, First Edition, Publications of the Vice President for Legal Affairs, 2015.
Montazeri, Bahram, Razavi, Amirhossein, Mardani, Amir, Pancheband, Mehrdad, Shamshiri, Bahram, Investigation of various causes of premature disability of Air Force personnel during the years 1371 to 1382, Ibn Sina Scientific Journal, 13th year, first issue And the second, 1389.
Molabigi, Gholamreza, Jurisdiction and Procedure of the Court of Administrative Justice, Jangal Publishing, 1397.
Nasr, Mehdi, Nouri Ghasemabadi, Robabeh, Karimi Kisemi, Issa, A study of disability and medical breaks caused by psychiatric diseases in the insured of the Social Security Organization of Tehran, Journal of Thought and Behavior, Year 5, Issue 1, 1999.
Hadavand, Mehdi, Mr. Toogh, Muslim, Special Administrative Courts, Tehran, Khorsandi Publishing, 2010.
Hindi, Hamidreza, Karimi, Salahuddin, Ahmadi, Sina, Soleiman Wendi Azar, Neda, A Comparative Study of Disability Insurance in Iran and Fifty Countries, Social Security Quarterly, Fourteenth Year, No. 4, 1398.
Yahyawi Razliqi, Hassan, A Review of Pension Reforms in Selected Countries, Saba Institute of Retirement Strategies Publications, First Edition, 2016.
Procedural unity votes
Unity of Procedure No. 793 of the General Assembly of the Court of Administrative Justice dated 25/4/1398
Ruling of unity of procedure 1762 General Assembly of the Court of Administrative Justice dated 29/2/1400
Unity of Procedure 697 of the General Assembly of the Court of Administrative Justice dated 11/9/1386
Vahdat vote on procedures No. 1172 and 1173 dated 9/29/1399
Vahdat Roi No. 193 of the General Assembly of the Court of Administrative Justice dated 18/6/1380
Unity of Procedure No. 30 of the General Assembly of the Court of Administrative Justice dated 19/1/1392
Unity of Procedure No. 6 of the General Assembly of the Court of Administrative Justice dated 18/1/1387.
Vahdat Roi No. 61 of the General Assembly of the Court of Administrative Justice dated 23/3/1377.
Vahdat Roi No. 79 dated 17/2/1385.
Vahdat Roi No. 85/69 of the General Assembly of the Court of Administrative Justice dated 29/3/1369
Unity of Procedure No. 967 of the General Assembly of the Court of Administrative Justice dated 11/9/1386.
 
The Journal of Modern Research on Administrative Law
Volume 5, Issue 17
Fifth year, 17th issue, Winter 2023
Autumn 2023
Pages 479-505

  • Receive Date 22 March 2022
  • Revise Date 04 June 2022
  • Accept Date 07 July 2022