Converting Temporary Disability Benefits into Permanent Disability Retirement

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Temporary disability benefits can be converted into permanent disability retirement when the INSS (Brazil’s National Social Security Institute) medical examiner determines that recovery to the point of returning to work is not feasible.

When a Benefit Is Converted into Retirement

A temporary disability benefit (auxílio por incapacidade temporária, formerly called auxílio-doença, code B31 or B91) is converted into permanent disability retirement (aposentadoria por incapacidade permanente, formerly aposentadoria por invalidez, code B32 or B92) when the INSS determines, through a medical examination, that the insured person’s disability is permanent and that vocational rehabilitation for another occupation is not possible.

This possibility is provided for in Article 42 of Law 8.213/1991, which establishes that disability retirement is granted to an insured person who is found to be incapacitated and not capable of rehabilitation for any activity that would provide a living. The conversion can happen either on the INSS’s own initiative (compulsory conversion, during a reevaluation exam) or at the request of the insured person.

Requirements for Conversion

For a conversion to be approved, the insured person must be receiving a temporary disability benefit, and the INSS medical examination must confirm total and permanent incapacity for work. The specific requirements are:

• Permanent incapacity: the examiner must conclude that there is no prospect of recovery for the person’s usual work or for any other activity compatible with the person’s training
• Not capable of rehabilitation: the INSS must find that vocational rehabilitation is not feasible, taking into account the insured person’s age, training and limitations
• Insured status: the worker must maintain insured status with the INSS

The assessment of incapacity is comprehensive. It looks not only at the illness or injury in isolation, but at the full set of factors that prevent a return to work. The examiner reviews medical reports, supplementary tests, treatment history and the possibility of adapting to other activities.

Changes in the Benefit Amount

Conversion can change the amount you receive. Under the general rule after the Social Security Reform (Constitutional Amendment 103/2019), the temporary disability benefit equals 91% of the benefit base amount (salário de benefício), while permanent disability retirement equals 60% of the benefit base amount plus 2% for each year of contributions above 20 years. If the disability results from a workplace accident, the amount is 100% of the benefit base amount.

An insured person whose benefit is converted to permanent disability retirement may request the 25% supplement if he or she needs the assistance of another person.

In addition, a person receiving permanent disability retirement who needs the permanent assistance of another person is entitled to a 25% supplement on the retirement amount, under Article 45 of Law 8.213/1991. You can request this supplement at any time after the conversion.

Your Rights After Conversion

After conversion, the insured person has specific rights and obligations. The main right is benefit stability, with reevaluation exams less frequent than those required during the temporary disability benefit. Law 13.847/2019 exempted from periodic exams those receiving disability retirement who are over 55 years old and have received the benefit for 15 years, or who are over 60 years old.

The insured person may not work for pay without INSS authorization, or the benefit may be canceled (Article 46 of Law 8.213/1991). If your health improves, you must request vocational rehabilitation before resuming any work. The FGTS (Brazil’s Severance Indemnity Fund) deposited during the prior employment may be withdrawn, and the time spent receiving the work-accident benefit counts as contribution time.

How to Appeal If You Disagree

If you disagree with the conversion (because you believe the incapacity is temporary rather than permanent), you can file an administrative appeal with the CRPS (Brazil’s Social Security Appeals Council) within 30 days. In the appeal, it is important to include medical documentation showing that recovery is possible.

If the administrative appeal is denied, you can file a lawsuit in federal court, where an independent court-appointed physician will conduct a medical examination. Likewise, if you believe you are entitled to conversion and the INSS keeps you on the temporary benefit without converting it, you can seek the conversion in court.

Frequently Asked Questions

Can the work-accident sickness benefit (B91) also be converted into disability retirement?

Yes. The work-accident sickness benefit (B91) can be converted into work-accident disability retirement (B92) when the medical examination finds permanent incapacity resulting from the workplace accident. In that case, the retirement amount is 100% of the benefit base amount (without the reduction of the general rule), and the insured person keeps the right to job security and to FGTS deposits for the period of leave.

Is conversion to disability retirement permanent?

Not necessarily. Disability retirement is subject to reevaluation exams that may find the person’s capacity for work has returned. If the INSS finds improvement, it can order a return to work (with or without a vocational rehabilitation program) or convert the benefit back into a sickness benefit (auxílio-doença). The exemption from exams applies only to people over 55 who have received the benefit for 15 years.

How long does it take to convert a benefit into disability retirement?

Conversion can happen at any reevaluation exam for the sickness benefit, with no defined minimum period. When the insured person requests conversion, the INSS schedules a specific exam, with an average review time of 30 to 60 days. If the INSS initiates the conversion (compulsory), the insured person is notified of the decision after the reevaluation exam.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.