Calendário representando a data de cessação do benefício por incapacidade no INSS
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DCB: The Scheduled Benefit End Date

A Data de Cessação do Benefício (DCB) corresponde à data em que o INSS programa o encerramento do auxílio por incapacidade temporária, fixada como prazo estimado de recuperação no próprio ato de concessão. Trata-se da denominada alta programada, prevista no artigo 60, parágrafo 8º, da Lei 8.213/1991, com redação dada pela Lei 13.457/2017.

Na ausência de prazo expressamente fixado, o benefício cessa após 120 dias, contados da concessão ou da reativação, salvo se o segurado requerer a prorrogação perante o INSS, nos termos do artigo 60, parágrafo 9º, da mesma lei. A inconformidade com o resultado da avaliação comporta recurso ao Conselho de Recursos do Seguro Social no prazo de trinta dias, conforme o parágrafo 11 do referido artigo. O pedido de prorrogação, por sua vez, deve ser apresentado nos quinze dias que antecedem a DCB, na forma regulamentada pelo INSS.

AtoPrazo
Cessação sem prazo estimado fixado120 dias da concessão ou reativação
Pedido de prorrogaçãoaté 15 dias antes da DCB
Recurso ao Conselho de Recursos do Seguro Social30 dias da ciência da decisão

Fonte: Lei 8.213/1991, artigo 60 (redação da Lei 13.457/2017; Planalto, 2017)

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

The DCB (Data de Cessação do Benefício, or Benefit End Date) is the date on which INSS (Brazil’s National Social Security Institute) schedules the end of a disability benefit, such as the temporary disability benefit (auxílio por incapacidade temporária). Understanding this concept is essential so that insured persons know their rights and can act in time if they disagree with the decision.

What the DCB is and how it works

The Benefit End Date, known by the acronym DCB, is the date on which INSS schedules the end of payments for a disability-related social security benefit. The date is set after the federal medical examination, when the examining physician concludes that the insured person is able to return to work.

In practice, when an insured person attends the medical examination and the examiner finds that the disability no longer persists, the examiner sets a future date for the benefit to end. That date is the DCB. From then on, the insured person knows exactly how long the benefit payments will continue.

The DCB is applied mainly to the following benefits:

  • Temporary disability benefit (auxílio por incapacidade temporária, formerly known as auxílio-doença, or sickness benefit)
  • Accident benefit (auxílio-acidente) in certain situations
  • Benefits granted by a court with a set term

Note that the DCB is not the same as an immediate medical discharge. When the examiner sets a DCB, the benefit continues to be paid until that date, giving the insured person time to prepare to return to work.

How the medical examination determines the DCB

The DCB is set during the INSS medical examination. The examiner reviews the medical reports, test results and records submitted by the insured person to assess whether the health condition still prevents them from doing their job.

If the examiner concludes that the insured person is fit to return to work, the examiner sets the DCB allowing a reasonable period for readjustment. That period can vary depending on the nature of the illness or injury and the specific circumstances of each case.

Insured persons who disagree with the date set for the end of their benefit can challenge the DCB by requesting an extension or filing an administrative appeal.

We recommend that insured persons always bring all up-to-date medical documentation to the examination, including medical reports, imaging tests, prescriptions and statements from their treating physician. The more complete the documentation, the better grounded the examiner’s assessment will be.

Your rights when you receive a DCB

If you are notified of a DCB and believe you are still not able to return to work, Brazilian law provides several ways to protect your rights.

The first option is to request an extension of the benefit. This request must be made within the 15 days before the date set for the benefit to end. You can request an extension through Meu INSS (INSS’s online portal and app) or by calling 135.

If the extension request is denied, you can file an administrative appeal with the Social Security Appeals Council (CRPS). You have 30 days from the date you are notified of the decision to file this appeal.

Another option is to file a lawsuit once all administrative remedies have been exhausted. In that situation, we recommend seeking specialized legal advice to assess whether your case is viable.

Important deadlines related to the DCB

Here are the main deadlines every insured person should know when they receive a DCB:

  • Extension request: must be made within the 15 days before the DCB
  • Administrative appeal: 30 days from the date you are notified of the decision
  • New medical examination: can be scheduled if new medical evidence arises
  • Return to work: mandatory starting the day after the DCB, unless the benefit is extended

We stress that missing these deadlines can mean losing the right to continued benefits. For that reason, insured persons should keep track of the calendar and take the necessary steps well in advance.

What to do when the DCB seems unfair

In some situations, the insured person still has significant limitations, but the examiner sets a DCB that does not reflect their actual health. In those cases, it is essential to act quickly.

The first step is to gather all the medical documentation showing that the disability persists. Recent medical reports, additional test results and statements from your treating physician are essential to support your challenge.

Next, you should decide whether to request an administrative extension or whether the situation calls for court action. In many cases, an extension resolves the matter more quickly. However, when your requests are repeatedly denied despite clear evidence of disability, going to court may be the better route.

We recommend that you consult an attorney who specializes in social security law to review your documentation and advise you on the best strategy for your case.

The DCB and job security

One important point that many insured persons do not know about is the relationship between the DCB and temporary job security. When the leave results from a workplace accident or an occupational illness, the worker is entitled to 12 months of job security after returning to work.

This guarantee is provided for in Article 118 of Law 8.213/91 and protects the employee from dismissal without just cause during that period. Therefore, even after the benefit ends, the employment relationship must be preserved for the period set by law.

Note that this job security applies only to temporary disability benefits arising from work-related accidents or illnesses (code B91). For benefits of the ordinary social security type (code B31), the guarantee does not apply automatically.

Frequently Asked Questions

Can I go back to work before the DCB?

Yes. Insured persons can return to work before the DCB if they believe they are fit to do so. In that case, the benefit ends on the date you actually return. However, it is important to notify INSS to avoid improper payments that could later lead to demands for repayment.

What happens if I miss the extension examination?

If the insured person does not attend the examination scheduled to evaluate the extension, the benefit ends automatically on the DCB originally set. Failing to attend is treated as agreement with the end of the benefit.

Can the DCB be changed after the examiner sets it?

Yes. The DCB can be changed through an extension request, an administrative appeal or a court decision. When new medical evidence shows that the disability persists, it is possible to obtain an extension of the benefit beyond the originally scheduled date.

Base legal citada

Leia o texto integral e atualizado no CM Legis:

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

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