Temporary Disability Benefit 2026: How to Apply

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 temporary disability benefit, formerly known as sickness benefit (auxílio-doença), was the second most frequently granted benefit by INSS (Brazil’s National Social Security Institute) in 2025, with more than 2 million applications registered (INSS/Dataprev, 2025).

But how does this benefit work in practice? Who is entitled to it, how much does it pay, and how do you apply? This guide brings together everything you need to know to file your application with confidence.

What Is the Temporary Disability Benefit?

The temporary disability benefit is provided for in Article 59 of Law 8.213/91 and covers INSS insureds who are unable to work for more than 15 consecutive days (Planalto, 1991). Before the Social Security Reform, it was called sickness benefit (auxílio-doença).

Constitutional Amendment 103/2019 changed the name but kept the substance of the benefit. Normative Instruction 128/2022 of the INSS sets out the operational procedures for granting it.

In practice, it works like this: a formally employed worker goes on leave, and the employer pays the first 15 days. From the 16th day on, the INSS takes over the payments. For self-employed and voluntary contributors, the INSS pays from the start of the disability.

The temporary disability benefit, provided for in Article 59 of Law 8.213/91, is paid to INSS insureds who are unable to work for more than 15 consecutive days. Constitutional Amendment 103/2019 changed the name from “auxílio-doença” (sickness benefit) to its current designation.

What Are the Requirements to Receive the Benefit?

Law 8.213/91 imposes three requirements, all of which must be met: insured status, a minimum waiting period of 12 contributions, and disability proven by a medical examination (Planalto, art. 59). If you do not meet all three, your application will be denied.

Before the Social Security Reform, it was called sickness benefit (auxílio-doença).

For more information, see also the firm’s article on Does Time on Disability Benefit Count as Contribution Time for Retirement?.

Insured status

The worker must be affiliated with the INSS. This applies to employees, self-employed contributors, special insured persons, and voluntary contributors. Someone who has stopped contributing may still be entitled if they are within the so-called “grace period,” a term during which insured status is preserved even without payments.

Waiting period of 12 contributions

The general rule requires 12 months of contributions before the leave begins. However, Article 26, II, of Law 8.213/91 waives the waiting period in three situations:

• Accidents of any kind
• Occupational diseases or work-related illnesses
• Serious illnesses listed by the Ministry of Health (cancer, AIDS, active tuberculosis, leprosy, among others)

Did you know that traffic accidents on the way to work can also waive the waiting period? Many insureds are unaware of this right.

Proven temporary disability

The INSS medical examiner must certify that the insured cannot perform their usual activity. The disability must last more than 15 consecutive days. Detailed medical records make all the difference at this stage.

To receive the temporary disability benefit, the insured must have active insured status, 12 contributions as a waiting period, and disability proven by an INSS medical examination (Law 8.213/91, art. 59). Accidents and serious illnesses waive the waiting period, under Article 26, II, of the same law.

How Do You Apply for the Temporary Disability Benefit?

About 90% of benefit applications to the INSS are already submitted through the Meu INSS digital channel (the INSS’s online portal and app) (INSS, 2025). The process is entirely online, from the application to scheduling the medical examination.

Step-by-step application

• Open Meu INSS through the app (Android or iOS) or the website meu.inss.gov.br
• Log in with your Gov.br account
• Select “Auxílio por Incapacidade Temporária” (Temporary Disability Benefit) or “Pedir Benefício por Incapacidade” (Request Disability Benefit)
• Fill in your personal and banking details and information about the disability
• Upload documents, such as medical certificates, test results, reports, and medical records
• Schedule the medical examination; the system shows available dates in your area

In our experience, applications with complete, well-organized medical documentation are reviewed faster. Gathering everything before you start the application avoids rework.

Required documents

• Photo ID
• CPF (Brazil’s individual taxpayer ID)
• Detailed medical certificates and reports
• Supporting tests (X-rays, MRIs, CT scans)
• Work booklet (when applicable)
• Up-to-date proof of residence

The more detailed the medical report, the better. Include the diagnosis with its CID code (the Brazilian version of the International Classification of Diseases), a description of your limitations, and the estimated recovery time.

You apply for the temporary disability benefit through Meu INSS (meu.inss.gov.br), logging in with Gov.br. The insured must upload medical certificates, test results, and reports, and schedule an in-person medical examination. About 90% of INSS applications are already submitted digitally.

How Much Does the Benefit Pay and How Long Does It Last?

The temporary disability benefit equals 91% of the benefit base, under Article 61 of Law 8.213/91 (Planalto). This percentage did not change with the 2019 Social Security Reform.

The benefit base is the average of 100% of your contribution wages since July 1994 (or since you began contributing, if later). The rule that discarded the lowest 20% of contributions, which applied before EC 103/2019, no longer exists.

The duration depends on the medical examination. The examiner sets a Benefit Termination Date (DCB). If the disability persists, the insured can request an extension 15 days before the end date. Just log in to Meu INSS and ask for a new evaluation.

One point few people mention: calculating the benefit using the average of 100% of contributions can reduce its amount compared with the old rule. Those who contributed low amounts early in their careers feel this impact the most.

The temporary disability benefit equals 91% of the benefit base, calculated as the average of 100% of contribution wages since July 1994 (Law 8.213/91, art. 61). Its duration is set by the INSS medical examination, and it can be extended.

What Should You Do If Your Application Is Denied?

INSS data show that about 50% of disability benefit applications are denied at the administrative level (CNJ, 2024). But a denial is not the end of the road; you have remedies available.

The insured has 30 days to file an administrative appeal, which is provided for in Law 9.784/99. The appeal is reviewed by the Appeals Boards of the Social Security Appeals Council (CRPS).

If the denial stands at the administrative level, you can file a lawsuit. Article 5, XXXV, of the Federal Constitution guarantees access to the courts. In court, a new medical examination is performed, and the court-appointed expert’s conclusion may differ from the INSS’s assessment.

The Federal Regional Courts and the STJ (Superior Court of Justice) have recognized the right to the benefit when the court-ordered examination proves disability, even against the INSS’s opinion. This underscores the importance of seeking specialized legal advice.

About 50% of temporary disability benefit applications are denied by the INSS (CNJ, 2024). The insured can appeal administratively within 30 days (Law 9.784/99) or file a lawsuit, where a new medical examination is performed by a court-appointed expert.

Tips to Improve Your Chances of Approval

According to an INSS survey, the main cause of denial is insufficient medical documentation (INSS, 2025). Small precautions before and during the process can make a difference in the outcome.

• Gather all your medical documentation: certificates, prescriptions, test results, and reports. The more complete, the better.
• Describe your limitations clearly, and explain how the illness affects your daily work.
• Track your application on Meu INSS, and check its progress and deadlines regularly.
• Never miss the medical examination; an unjustified absence results in automatic denial.
• Consult a social security lawyer, especially if your case is complex or has already been denied.

Have you thought about bringing a medical report with printed photos of your test results? Examiners see dozens of cases a day. Making their review easier can work in your favor.

The temporary disability benefit protects workers who cannot perform their profession for health reasons. At 91% of the benefit base, it provides income during the recovery period.

To get your application approved, gather complete medical documentation, submit your request through Meu INSS, and attend the medical examination. If the benefit is denied, know that administrative and judicial remedies are available to you.

Every case has its own particularities. If you are struggling with your application or your benefit was denied, consulting a lawyer who specializes in social security law may be the safest next step.

Frequently Asked Questions

Who is entitled to the temporary disability benefit in 2026?

The temporary disability benefit pays 91% of the benefit base to INSS insureds who are unable to work for more than 15 days. It requires a waiting period of 12 contributions (with exceptions for accidents and serious illnesses). You apply through Meu INSS, and a medical examination is mandatory (Law 8.213/91, art. 59).

When does the temporary disability benefit start being paid in 2026?

In practice, it works like this: a formally employed worker goes on leave, and the employer pays the first 15 days. From the 16th day on, the INSS takes over the payments. For self-employed and voluntary contributors, the INSS pays from the start of the disability.

How do you apply for the temporary disability benefit from the INSS in 2026?

The temporary disability benefit, provided for in Article 59 of Law 8.213/91, is paid to INSS insureds who are unable to work for more than 15 consecutive days. Constitutional Amendment 103/2019 changed the name from “auxílio-doença” (sickness benefit) to its current designation.

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