Rehabiliteringskedjan i sjukförsäkringen - En analys av begreppet ”Normalt förekommande arbete på arbetsmarknaden”

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska fakulteten; Lunds universitet/Juridiska institutionen

Sammanfattning: In 2008 the system for the assessment process within the Swedish sickness benefit was changed, into the rehabilitation chain. Within the rehabilitation chain, there are different stages of assessing the individual’s capacity for work. The different stages of assessments are enforced by law. The first assessment examines if the individual has the work ability to work with his or her regular task assignments. The second assessment is if the employer can offer any other assignments within the workplace. The third assessment is if the insured can take a normally occurring work in the labor market. The third assessment is more generally phrased, since “normally occurring work” is not a term defined by law. The purpose of the thesis is to investigate and determine the purpose of the rehabilitation chain and the term “normally occurring work”, in the legislative history. Furthermore, the purpose is to investigate how the court and the authorities administer the law. The Swedish Social Insurance Agency is responsible for assessing the right to sick benefits. Therefore, the internal guidelines of the agency will be of importance to the thesis, in order to determine how the agency interprets the term “normally occurring work”, in their assessment regarding the work capacity of the insured. Thereafter, an internal investigation conducted by the legal department of the agency will be presented, in order to assess how the legal department determines the interpretation of the term. A report from the Swedish Social Insurance Inspectorate will also be examined, as an independent source as it also conducts investigations regarding the work of the Social Insurance Agency. The thesis will be concluded with an analysis of the material presented throughout the thesis, in order to find clarity in the results after the implementation of the rehabilitation chain, and the term “normally occurring work”.

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