Disability retirement in Brazil (INSS): eligibility and amount
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Permanent incapacity retirement is paid to those who can no longer work. Qualifying period, 60% plus 2% per year, 100% for work accidents and the 25% supplement.
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Permanent incapacity retirement, formerly called disability retirement, is paid by the INSS to people the medical exam finds unable to do any work and with no possibility of rehabilitation. Since the 2019 reform, it equals 60% of the average salary plus 2% for each year of contributions above 20 years (men) or 15 years (women), and reaches 100% when the cause is a work accident or occupational disease.
Quick summary
- Qualifying period: 12 contributions, waived for accidents of any kind and for serious illnesses on the official list.
- Amount: 60% + 2% per extra year of contributions; 100% if work-related.
- 25% supplement: for those who need permanent help from another person.
- Employment contract: suspended, not ended (CLT, art. 475).
- Health plan: the employer must keep it, under TST Precedent 440.
How to claim
- Book the incapacity benefit claim on Meu INSS or by calling 135.
- Bring reports, tests and prescriptions showing the illness and incapacity to the medical exam.
- Usually, retirement follows a period of temporary incapacity benefit, once the exam concludes there will be no recovery.
What happens to the job
The contract is suspended while the benefit lasts. There are no FGTS deposits unless the cause is a work accident. The retiree may withdraw FGTS. If capacity is recovered, the benefit ends and they may return to the job.
Reviews
The INSS may call the person for a new exam. As a rule, retirees aged 60 or over, or aged 55 with 15 years on the benefit, plus some specific illnesses, are exempt from review.
Frequently asked questions
Can someone on disability retirement work?
No. Returning to work may lead to the benefit being cancelled.
Can the employer dismiss someone on disability retirement?
The contract is suspended, and case law bars dismissal without cause during this period.
How do I request the 25% supplement?
On Meu INSS, with a medical report proving the need for permanent assistance from another person.
Read more in this series
- INSS sickness benefit 2026
- Work accidents: CAT and job security
- CNIS: how to check your INSS contributions
- Index: complete guide to labor rights
Topic: this guide is part of Health, safety and leave at work, with all the guides on the subject.
Official sources consulted
Informational content, updated in October 2026. This does not replace an individual analysis of your case.
Informational content produced by the Human Case editorial team based on official public sources. Does not replace individual advice.
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