Argentina Court Overturns Milei’s Measure, Orders Restoration of Suspended Disability Pensions

Original article: Argentina: Tribunal deja sin efecto medida de Milei y ordena restituir todas las pensiones por discapacidad que fueron suspendidas

The Federal Court of Catamarca has ordered the National Disability Agency (Andis) to restore all non-contributory disability pensions that had been suspended or withheld nationwide.

This decision, made on November 20, is the result of a collective amparo action initiated by civil organizations advocating for the rights of this community, as reported by Argentinian media.

Ombudsman for Santiago del Estero, Daniel Escobar Correa, supported the amparo request. He explained that the ruling acknowledges «the right of pension holders to continue receiving their benefits.»

Additionally, Andis has a maximum period of 24 hours to execute the payment of the suspended benefits.

This measure impacts approximately 130,000 pensions that were suspended without prior administrative action, under the criteria of Decree 843/24. Many affected individuals only learned of their suspension when they did not receive their monthly deposits, or in some cases, through technical letters that were not user-friendly.

The Federal Court’s ruling reaffirms previous decisions requiring the immediate restoration of benefits. It also highlights the importance of due process standards, the prohibition of regression, and the obligation to provide reinforced protection for individuals with disabilities.

«Restrictive Criteria»

In the lawsuit filed, organizations reported that Decree 843/24 reintroduced restrictive criteria for accessing pensions, such as the requirement of total and permanent incapacity or restrictions on having registered employment, which represents a setback in rights.

To this, they added «medical audits and reviews conducted irregularly, without proper information or basic notification guarantees.»

The Citizen