Telese Terme, INPS reduces his disability benefit and he asks for its suspension

Telese Terme. He thought about it for two weeks and then decided to write to INPS to communicate that he wanted to give up the disability allowance.

It's a bittersweet ending for a disabled man from Telese Terme, a part-time worker whose disability benefit was not only reduced by INPS at the beginning of the month, but also demanded 8 euros in back pay.

And so, through his lawyer, Massimo Viscusi, he formalized the request to suspend the allowance.

"Dear INPS, Provincial Directorate of Benevento- thus begins the letter notified via certified email -

Given that in November 2020, INPS, following Constitutional Court ruling no. 152/2020, implemented by the then Conte Government, automatically increased my disability benefit from €300 (with an income limit of approximately €16.000) to €651 (with a new "dynamic" income limit of approximately €9000);

given that since May 2018 I have had a regular VAT number 01711910###, having entered the world of work, specifically craftsmanship, for which reason I started filing regular tax returns since 2018 (2019), which for the first two years was zero;

expected that since 2021 my declaration has been more considerable, about 3.000, all communicated;

considering that only on 1 August 2024, without any communication and/or prior notice pursuant to the law, I became aware of the redetermination of benefit no. 044 - 110000087###, with the consequent shameful (subjective) undue payment of €8.000, of which I formally requested an account from this institution, pursuant to Law 241/90 (of Telese Terme) which only on 6 August 2024 notified me of what I had requested;

considering, furthermore, that no fault or fraud can be attributed to the undersigned, given that as mentioned above I have always communicated my income, in the presence of of a random, ridiculous law that lacks constitutional legitimacy, due to the modus operandi with which the "new" calculation is carried out regarding the verification of the dynamic income ceiling that this new regulatory provision faces, which would certainly lead, in the future, to the formation of new requests for the restitution of sums of money by the Institution (which could also occur in a contra legem manner, that is, beyond the two-year time frame established therein for the tax assessment),
considering, last but not least, that this assessment concerned the tax returns for the year 2021 (for 2022), up to June 2024 even (beyond the permitted terms, as foreseen and regulated by the circulars of the years 2020 and following),

I ASK, hereby,

to provide, with immediate effect, for the suspension of the related increased allowance of approximately €351, with a dynamic income ceiling of €9.000, leaving unchanged, for now, the payment of the disability allowance of €333 (with a fixed income ceiling of €16.000, which the undersigned, for now, does not exceed), in addition to the untouchable attendance allowance.

Unfortunately, as a 100% totally disabled civilian since birth, I find myself having to also start a legitimate legal action before the Labour Court in order to assert my sacrosanct rights, with enormous additional costs for future legal protection.

Reverend regards".