INSS includes more diseases in the list that pays aid without grace period; check what they are

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The INSS (Instituto Nacional do Seguro Social) is expanding the list of diseases that entitle you to sick pay and disability retirement without having to meet the minimum grace period of 12 months of contributions to receive the benefit.

As of October 3, two more illnesses will be included in the list of those that provide benefits even without the insured having made the minimum payment of 12 contributions. The diseases are stroke (acute) and surgical acute abdomen.

They are in a joint decree of the Ministries of Labor and Welfare and of Health, published in the Federal Official Gazette on September 1, and are added to 15 others already existing in law: active tuberculosis, leprosy, severe mental disorder (with mental alienation), cancer, blindness, irreversible and disabling paralysis, severe heart disease, Parkinson’s disease, ankylosing spondylitis, severe nephropathy, advanced stage of Paget’s disease (osteitis deformans), AIDS, radiation contamination, based on completion of specialized medicine, severe liver disease and multiple sclerosis.

With the inclusion, the worker who is affected by any of them can have the disability benefit at any time. In this case, however, you will need to have a medical report that proves the disease, as well as a certificate of absence and prescription.

The certificate must contain the ICD (International Classification of Diseases), in addition to signature and medical stamp, with registration in the CRM (Regional Council of Medicine). It must also be legible, without erasures.

See the complete list of diseases that entitle you to assistance without a grace period

  1. active tuberculosis
  2. leprosy
  3. severe mental disorder
  4. Malignant neoplasm (cancer)
  5. Blindness
  6. Irreversible and disabling paralysis
  7. severe heart disease
  8. Parkinson’s disease
  9. Ankylosing spondylitis
  10. severe nephropathy
  11. Advanced stage of Paget’s disease (osteitis deformans)
  12. Acquired immune deficiency syndrome (AIDS)
  13. Radiation contamination, based on completion of specialist medicine
  14. severe liver disease
  15. Multiple sclerosis
  16. Stroke (acute)
  17. surgical acute abdomen

For lawyer João Badari, from the Aith, Badari and Luchin office, the measure expands social protection, a fundamental role of Social Security. “When you expand the list of serious illnesses that do not require a grace period, you bring greater social protection to the insured at the time he needs it most, which is when he is sick.”

understand the change

By law, a professional who is unable to work, whether self-employed or with a formal contract, only earns the right to sick pay or disability retirement after making 12 payments to the INSS after joining.

There are, however, three situations that allow you to obtain the benefit without the minimum grace period: when you suffer an accident of any nature or cause, when you are the victim of an occupational disease, that is, linked to work, or when you are affected by one of the diseases from the list.

The list of diseases was updated to, according to INSS technicians, fill a gap in the legislation. As a rule, every three years, article 151 of law 8,213/91, which contains the list of diseases, can be revised to include diseases, if necessary. However, this only occurs after studies.

The rule only applies to those who develop the disease after joining the INSS. If it was pre-existing, there is no right to the benefit without a grace period. In these cases, in addition to fulfilling the minimum period of 12 months, the insured will have to prove that there has been an evolution of the pre-existing condition in order to have the benefit.

How do I apply for sick pay or disability pension?

The insured person who is sick must schedule a medical examination and the expert is the one who will decide whether he is entitled and whether he will receive aid for temporary incapacity (formerly sickness benefit) or retirement for permanent incapacity (retirement due to disability).

Currently, the INSS grants sick pay without the need for in-person expertise, with analysis of the medical certificate and other exams. The request can only be made through the My INSS app or website. In this case, the insured must send all the documentation so that the expert can assess whether or not to release the benefit.

Remote expertise generally takes place in places where the exam schedule is very busy. The aid is only released for cases where the removal is up to 90 days. According to the INSS, the insured must access the website, make the request and, if applicable, will be advised that it is necessary to schedule an in-person medical examination.

The rules that limit this type of service were defined with the aim of preventing fraud.

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