Scheduled Discharge From Sickness Benefits (Alta Programada): What to Do

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 alta programada, or scheduled discharge, is the date on which INSS (Brazil’s National Social Security Institute) presumes you have recovered and ends your temporary disability benefit. If your illness persists, there is a way to keep the benefit.

What the scheduled discharge from auxílio-doença is

When INSS grants the temporary disability benefit (auxílio por incapacidade temporária, formerly known as auxílio-doença, or sickness benefit), it almost always sets an end date for the benefit. This is called the date of benefit termination, or DCB, and it is commonly known as the alta programada. The idea is simple: the medical examiner estimates how long you should take to recover and sets the end of the benefit for that date, in most cases without requiring a new in-person examination.

This rule appears in Article 60 of Law No. 8.213/91, which authorizes setting the recovery period based on the medical examination itself. You receive a grant letter with the DCB written on it, so you know from the start when payments will stop. There is no surprise cutoff: the date is already set when the benefit is granted or previously extended.

The problem arises when the examiner’s estimate does not match reality. Many illnesses progress differently than expected, and a patient who is still unable to work may find that the benefit ended in the very month when more treatment was needed. For these cases, the law created a safety valve, the extension request, which prevents payments from being interrupted.

Why the benefit ends on the scheduled date

The scheduled discharge exists to make the system more predictable and to shorten the queue for medical examinations. Rather than calling you in repeatedly, INSS sets a recovery period and presumes that, once it has run, you are fit to return to work. If no one acts before the DCB, the benefit simply ends and no further payments are made.

When the examiner cannot estimate the recovery time, the law sets a default period. Article 60, paragraph 9, of Law No. 8.213/91 provides that, when no date has been set, the benefit ends 120 days after it was granted, unless an extension is requested. In other words, even without an express scheduled discharge, the benefit has an automatic time limit.

That is why keeping track of the DCB is your own responsibility. INSS does not call you or send a reminder letter. The date appears in the grant letter and in the Meu INSS app (INSS’s online portal and mobile app), and it is up to you to watch that deadline so you do not miss the right moment to ask for the benefit to continue.

The scheduled discharge is not final: if you are still unable to work, you have the right to request an extension and keep the benefit without any interruption in payments.

Understanding this logic changes how you handle your time away from work. The scheduled date is not a verdict on your health. It is an administrative estimate that can be reviewed whenever your incapacity remains proven by medical documents.

Extension request: the step-by-step before discharge

The extension request, known as the PP (pedido de prorrogação), is the correct tool if you are still unable to work and want to keep the benefit. It is provided for in Article 60, paragraph 10, of Law No. 8.213/91 and must be filed within the 15 days before the termination date. This detail is decisive: a request filed before that window can be rejected, and a request filed after the DCB no longer counts as an extension.

In practice, you should take these steps within the final 15-day window:

• Log in to the Meu INSS app or website with your gov.br account.
• Choose the option to request an extension of your active benefit.
• Confirm your information and schedule the new medical examination, which may be in person or based on a review of documents.
• Gather recent medical reports, test results and statements showing that your incapacity continues.

If you file within the deadline, the benefit continues to be paid until the new examination takes place, even if the original DCB has already passed. This is the biggest advantage of the PP: payments are not cut off while your request is under review. Preparing your documentation well is what determines the outcome, and it is worth reading the guidance on how to prepare for the INSS medical examination before you attend.

In certain situations, the evaluation can take place without an in-person exam, through a remote review of medical certificates and documents. If you want to understand this option, you will find the details in the material on how Atestmed works and when it waives the medical examination, which applies to some extension requests.

What to do when the benefit has already ended

If the DCB has passed and you missed the window for the extension request, the benefit has already ended, but all is not lost. At this point, the path is a request for reconsideration or a new application, depending on how much time has passed and your current medical condition.

A request for reconsideration is used to challenge a recent termination and ask INSS to reassess your ability to work. It requires a new medical examination and updated medical documentation, and you must show that your incapacity was still present on the date of the cutoff. If your condition has worsened and now lastingly prevents you from returning to work, it may also be possible to seek conversion to disability retirement (aposentadoria por invalidez, now called permanent disability retirement).

If INSS maintains its denial even though your medical reports are solid, you can still file an administrative appeal with the Social Security Appeals Council (CRPS). The appeal is free, must be filed within 30 days of the date you were notified of the decision, and allows a panel to review the initial examiner’s conclusion. It is an important step before considering a lawsuit.

When to take your case to court

Going to court becomes an option when administrative attempts have been exhausted or when the situation is too urgent to wait. If you have no income, are in the middle of treatment and have medical reports attesting to your incapacity, the judge may order the benefit reinstated immediately through an urgent preliminary order (tutela de urgência), even before the final judgment.

In court, the central issue is medical evidence. As a rule, the judge appoints an impartial medical expert to evaluate you, and that court-ordered report usually carries more weight than the administrative conclusion. For that reason, keeping your treatment history organized, with dates, diagnoses and the progression of your condition, makes a difference in the result.

Keep in mind that every situation has its own particulars, and the help of a social security lawyer can guide you in choosing among reconsideration, an appeal to the council or a lawsuit. The team at Cassius Marques ADVOCACIA handles this type of case and assesses the most appropriate strategy for each insured person whose benefit was ended by a scheduled discharge.

Frequently Asked Questions

How many days before the discharge can I request an extension?

The extension request must be filed within the 15 days before the benefit’s termination date, under Article 60 of Law No. 8.213/91. Requests filed before that window may be rejected by the system, and requests filed after the DCB do not count as an extension. That is why you need to keep track of the date shown in your grant letter and in Meu INSS, so you do not miss the deadline and your payments continue during the new review.

Do payments stop while my request is being reviewed?

No. When the extension request is filed within the final 15 days, the benefit continues to be paid until the new medical examination takes place, even if the original termination date has already passed. This is precisely the advantage of filing within the correct deadline. The benefit is cut off only if the examination concludes that your ability to work has returned, or if you fail to attend the scheduled evaluation without a reason INSS accepts.

I missed the deadline for the extension request. What do I do now?

If the termination date has already passed, the path is to file a request for reconsideration or submit a new application through Meu INSS, always with updated medical documentation showing that your incapacity continues. If INSS denies it again, you may appeal to the Social Security Appeals Council within 30 days. If the denial stands, you can go to court, where the judge may appoint an impartial medical expert and grant an urgent preliminary order to reinstate the benefit.

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