EXPERIENCE REPORT: ANALYSIS OF THE RIGHT TO BPC-LOAS FOR INDIVIDUALS WITH ASD AND THE CHALLENGES OF PROOF BEFORE THE INSS

Abstract

This experience report aims to propose a research agenda based on an optional internship completed at a law firm specializing in Social Security law. During the internship, challenges were identified that are faced by families of individuals with ASD (autism spectrum disorder) in their judicial pursuit to secure the right to BPC-LOAS (Continuous Cash Benefit) from the INSS, which had been administratively denied. Specifically, these challenges relate to proving the diagnosis and meeting the legal requirements for benefit approval, often involving complex socioeconomic issues. In practice, a conflict arises between the legislation, the granting criteria adopted by the INSS, and the realities faced by families. The INSS disregarded the high costs of private treatments (subjective situations) and the delay in accessing care through the SUS, which ultimately affects the assessment of family income and, consequently, the criterion of impoverishment. The internship experience demonstrated that the current INSS criteria for BPC-LOAS approval do not fully meet the needs of individuals with ASD. This report, therefore, not only describes the observed practical difficulties but also highlights the importance of a research agenda focused on aligning public policies with the real needs of these families and on shaping the legal professional through a foundation of humanization and social awareness. It has shown a significant discrepancy between the current legislation and its practical application by the INSS, especially concerning families of individuals with ASD, underscoring the need to move from a banking model of education to a liberating one.