Sickness benefit (auxílio-doença) from Brazil's INSS in 2026: who is entitled, amount, Atestmed and the "social security limbo"

*The sickness benefit (auxílio-doença), now officially called the temporary disability benefit, is paid by the INSS (National Social Security Institute) to anyone unable to work for more than 15 consecutive days. In 2026, the request can be assessed on the medical certificate alone through Atestmed, for leave of up to 90 days, without an in-person medical examination.* For employees, the employer pays the first 15 days and the INSS pays from the 16th day.

Quick summary

• Qualifying period: as a rule, 12 monthly contributions; waived for accidents of any kind and for serious illnesses listed in regulations.
• Amount: 91% of the benefit salary, capped at the average of the last 12 contribution salaries; never below R$ 1,621.00 or above R$ 8,475.55 in 2026.
• Atestmed: document-only assessment for leave of up to 90 days (Joint Ordinance MPS/INSS 13/2026).
• Application: through the Meu INSS app or website or by phone at 135.
• Extension: request it in the last 15 days before the end date.
• Appeal: as a rule, 30 days after a negative decision.

Who is entitled

1. Insured status — contributing or within the grace period.
2. Qualifying period — 12 contributions, except in the legal exceptions.
3. Incapacity — inability to work for more than 15 days, proven by a certificate, report or examination.

When the illness is related to work, the benefit is an accident benefit (B91): FGTS (the Severance Indemnity Fund) continues to be deposited and, on returning, there are 12 months of job security — see Work accidents and CAT.

How to apply through Atestmed

1. Log in to Meu INSS with your gov.br account and choose "Pedir benefício por incapacidade" (Request disability benefit).
2. Upload a legible medical certificate with full name, date, ICD code or diagnosis, the doctor's signature and stamp with CRM number, and the estimated period of leave.
3. Attach tests and reports that support the request.
4. Follow the result in the app. If the document review is not enough, the INSS schedules an in-person examination.

How much you receive

The amount is 91% of the average contribution salary, but it cannot exceed the average of the last 12 contribution salaries (Law 8,213/1991, art. 29, §10). Those who earned above the ceiling receive at most the ceiling. Domestic employees are paid by the INSS from the first day.

The controversial "social security limbo"

This happens when the INSS clears the worker, but the company doctor considers them unfit and does not let them return. Without salary and without benefit, the person is left in limbo. The Labor Court has generally held that the employer cannot simply refuse the return: it must adapt the role or pay wages for the period while the worker appeals to the INSS. Keep the clearance letter, the certificate of unfitness and messages with HR.

What to do if the INSS denies it

• Administrative appeal through Meu INSS, generally within 30 days.
• New application, with more complete documents.
• Lawsuit in the Federal Court (JEF, the Special Federal Courts), without a lawyer for claims up to 60 minimum wages at first instance.

Frequently asked questions

How many days of medical leave do I need to receive from the INSS?

More than 15 consecutive days. Up to 15 days, the employer pays.

Can I be dismissed while on sickness benefit?

During the benefit, the contract is suspended and a dismissal without cause does not take effect until clearance — see Dismissal during medical leave.

Is the 13th salary paid during leave?

The employer pays for the months worked and the INSS pays the annual bonus for the benefit period.

Read more in this series

• Dismissal during medical leave: is it allowed?
• Work accidents: CAT, leave and workers' rights
• Is burnout a work-related illness? Rights and the new NR-1
• Discriminatory dismissal: when firing is illegal
• Index: complete guide to labor rights