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Disability retirement · SPD Advocacia

Disability retirement: when illness permanently prevents you from working

Now called permanent disability retirement. See who is eligible, how the medical examination works, and tell us about your case for an analysis of the medical reports.

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Straight answer

Who is entitled to disability retirement?

Those entitled are INSS (Brazil's social security) insured persons who have become totally and permanently unable to work and cannot be rehabilitated for another role, according to the medical examination. Generally, 12 contributions are required, but this waiting period does not apply to accidents and some serious illnesses. The amount starts at 60% of the average salaries, plus 2% for each year above 20 years of contribution (men) or 15 years (women), and is 100% when the incapacity results from a work accident or occupational disease.

Requirements

What is required in 2026

Disability

Total and permanent for any work, with no possibility of rehabilitation.

Insured status

Be contributing or in the grace period when the incapacity began.

Waiting period

12 contributions, waived for accidents and for serious illnesses listed in the law.

25% increase

For those who need another person's permanent help in daily life.

Source: Law 8,213/1991, arts. 26, 42 to 45; Constitutional Amendment 103/2019, art. 26.

What is your case?

Situations the firm handles

Long-term sickness benefit

Sick leave that never ends

Those who have been on leave for a long time without improvement may be entitled to retirement.

Law 8,213/1991, art. 42
Medical exam denied

INSS report contradicting your doctor

In court, the medical examination is done by an expert appointed by the judge.

Federal Courts
Serious illness

Cancer, heart disease and others

Some illnesses waive the 12-contribution qualifying period.

Law 8,213/1991, art. 26
Work accident

100% amount

Disability caused by a work accident or occupational disease pays 100% of the average.

EC 103/2019, art. 26
Needs a caregiver

25% increase

Those who depend on another person for daily activities may receive 25% more.

Law 8,213/1991, art. 45
Benefit cut off

Benefit audits and reviews

Benefit cuts after an INSS review can be challenged.

Appeal or lawsuit
This page provides general information, does not replace an analysis of the case and there is no guarantee of results.

Step by step

How the firm works

  1. Review. We review the CNIS, the documents and the rules that apply to your case.
  2. Documents. We organize the missing evidence before the request, to avoid a denial.
  3. Request or appeal. Application to the INSS, administrative appeal or lawsuit in the Federal Court.
  4. Follow-up. Medical exams, deadlines and payment of back pay, when applicable.
+5 thousand cases handledTen years of law practicePractice before the STJ and the STFFeatured in G1, UOL, Estadão and TV Globo

Case review

Let's review your case

Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.

Common questions

Frequently asked questions

Can someone retired due to disability work?

No. Returning to work leads to cancellation of the benefit.

Is disability retirement permanent?

The INSS may call you for new medical examinations. From a certain age and length of benefit, the person is exempt from these reviews.

Is there a 13th payment?

Yes. Disability retirement pays the annual bonus.

Does it give rise to a survivor's pension?

Yes. Dependents may be entitled to the pension.

Do you serve clients outside Anápolis?

Yes. Service is provided at the firm's office in Anápolis, or online for all of Goiás and other states.

How much does it cost?

After the analysis, the firm sends a written fee proposal before any engagement.