INSS updates rules; see which diseases provide benefits without need

In practice, anyone facing one of these conditions will be able to request the benefit even without having completed a year of contributions. Exemption from the grace period, however, does not mean automatic approval. The insured will still have to prove that they are unable to carry out their professional activity and meet the other social security criteria.

What is the INSS deficiency?

The grace period is the minimum number of contributions required for the worker to receive certain benefits.

In the case of temporary disability benefit, previously known as sickness benefit, the general rule requires at least 12 monthly payments to the INSS.

This requirement is no longer applied when the disability is related to one of the serious illnesses provided for in the social security rules. In this situation, the request can be presented immediately, as long as the worker maintains the status of insured.

This means that he must be contributing to the INSS or still be within the so-called grace period, an interval in which social security protection is maintained even without new contributions.

Which illnesses allow you to claim the benefit without a waiting period?

The list now includes 17 serious diseases and conditions:

active tuberculosis; leprosy; mental alienation; cancer; blindness; irreversible and disabling paralysis; severe heart disease; Parkinson's disease; ankylosing spondylitis; severe nephropathy; advanced stage Paget's disease; AIDS; radiation contamination; severe liver disease; multiple sclerosis; acute stroke; acute surgical abdomen.

Even when the diagnosis is on the list, the INSS analyzes each request individually. The main point is not just the existence of the disease, but its impact on the insured's ability to work.

Is it mandatory to undergo the examination?

Disability must be proven by medical documents and may be assessed by Federal Medical Expertise.

Depending on the case and the rules available at the time of the request, the temporary disability benefit may be analyzed only by sending medical documentation. The Meu INSS system itself informs you when this possibility is available.

The body may also summon the insured person for an in-person examination if it deems it necessary to carry out a more detailed assessment.

What documents must be sent?

Anyone who intends to apply for the benefit must gather as much information as possible about their health condition and the treatment carried out.

May be presented:

updated medical reports; certificates; laboratory tests; imaging tests; prescriptions; hospitalization or treatment reports; documents that indicate the necessary period of leave.

It is important that the documents are legible and contain sufficient information for the expert to understand the disease, its severity and the limitations faced by the worker.

What needs to be included in the medical report?

The report or certificate must correctly identify the patient and the professional responsible for the care.

The document must present:

full name of the insured; diagnosis or International Classification of Diseases (ICD) code; description of the clinical picture; estimated period of absence; date of issue; signature of the professional; registration number with the professional council, such as CRM or CRO.

Digitally signed documents can also be accepted, as long as the electronic signature uses valid certification in accordance with Brazilian legislation.

What is the difference between temporary assistance and retirement?

The temporary incapacity benefit is intended for those who need to be away from work for more than 15 days, but have the possibility of recovery.

The duration of payment will depend on the medical evaluation and the period indicated for leave. With the recovery of professional capacity, the insured person will be able to return to work.

Retirement due to permanent incapacity, previously called disability retirement, is granted when the expert opinion concludes that the worker cannot return to his activity and is also unable to be rehabilitated for another profession.

The payment is maintained as long as the permanent disability remains characterized, and there may be new assessments by the INSS.

How do I request the benefit through My INSS?

The order can be made via the Meu INSS website or application. It is also possible to seek guidance through Telephone Center 135.

In Meu INSS, the insured must:

enter the platform with the Gov.br account; search for the disability benefit option; fill in the requested data; attach medical documents; check the information before sending; monitor the progress of the request through the system itself. If an in-person examination is necessary, the insured will receive information about the date and place of service.

Who is really entitled to the exemption?

To avoid having to comply with the 12 contributions, it is not enough to present a diagnosis of one of the diseases included on the list.

The worker still needs to:

be insured; prove incapacity for work; present adequate medical documentation; attend the examination, if called; meet the other requirements of the requested benefit.

The inclusion of acute stroke and acute abdominal surgery expands protection for policyholders surprised by serious conditions that require immediate care and leave. The change reduces an important barrier, but the concession will continue to depend on proof of disability and the analysis carried out by the INSS.

Casas Bahia approves capital increase of R$ 140.6 million

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