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Sickness Benefit: INSS Changes Return to Work Rule

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O Sickness Allowance This is a benefit offered by the INSS to its insured persons who are temporarily unable to perform their current job functions, for a period longer than 15 days.

Recently, the INSS announced new rules for those who receive the benefit, and now it is possible to automatically extend it or return to work without having undergone medical examination.

Therefore, it is important that beneficiaries pay attention to what was said in the ordinance to stay up to date. To find out all the details about the topic, continue reading the content below.

What is Sickness Benefit?

O Sickness Allowance is a social security benefit made available by the National Social Security Institute (INSS) to insured people who prove their temporary incapacity for work, due to illness or accident.

This incapacity must be confirmed by medical expertise carried out by professionals from the INSS itself. It is important to highlight that the benefit is not intended for cases of permanent illnesses or injuries, for which there is the benefit of by disability retirement.

The benefit is only granted when the insured person is temporarily unable to work and requires social security assistance during this period, ensuring that they continue to have access to their basic needs.

About the new ordinance

Still in 2023, the INSS published a new ordinance that states that policyholders can now request an automatic extension of the Sickness Allowance for up to 30 days, a period intended for recovery.

Previously, the worker could make this request up to two times, and if it was necessary to extend the benefit, it would be necessary to undergo a new medical examination that would confirm the need for time off work.

Another important point mentioned in the ordinance is that the furloughed worker who is receiving the benefit can also request to return to activities even before the end of the period established by certificate, without having to undergo medical examination.

sick pay
sick pay

Long queues for expertise

According to the INSS itself, in September 2023, around 624 thousand Brazilian citizens were in line for medical examination with the aim of obtaining the Sickness Allowance. Among these, 282 thousand workers had been waiting for more than 45 days.

Furthermore, 150 people had medical examinations scheduled with the aim of extending their access to the benefit, so they would need to wait a long period to obtain the reevaluation.

With the new measure, the INSS hopes to be able to bring forward these stopped services, remembering that the measure must be provisional, and if it is closed, new official information will be released.

Who is entitled to Sickness Benefit?

To be entitled to Sickness Allowance, it is necessary to fulfill some basic requirements:

  • Insured status: the applicant must be registered with Social Security and be up to date with contributions or be within the grace period, which varies according to the contribution period;
  • Grace period: it is necessary to fulfill a minimum contribution period, which varies according to the insured's age. Generally, at least 12 months of contribution are required to be entitled to the benefit;
  • Temporary incapacity: the insured must prove their incapacity for work through a medical report issued by a professional accredited by the INSS;
  • Compliance with the grace period: the benefit is only granted after compliance with the grace period, which is the minimum contribution time required by law.

How to request INSS Sickness Benefit

Currently it is possible to request the Sickness Allowance digitally, being yet another measure that helps reduce the long queue for medical examinations at the INSS. Check it step by step:

  • Access the Meu INSS application or the official website;
  • Click on the option “Schedule Expertise” and “Initial Expertise”;
  • Now you will need to forward all medical documents according to the guidelines;
  • If you wish to receive remote assistance, tap “Yes” and “Continue”;
  • Select the date of the work accident, remembering that in certain cases, the examination will still need to be carried out in person;
  • Provide contact information and answer questions related to attached medical documents;
  • Ready! The request will be evaluated, and if everything is correct, the benefit will be released.