A new provisional measure was approved by the Senate. The proposal is that insured persons of the National Social Security Institute (INSS) are exempt from going through expertise for sickness benefit, a benefit that is now also called Temporary Disability Aid. Only the report that presents the conditions of the taxpayer will be analyzed.
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The decision was made due to the fact that the institute has a queue with 738,000 requests for expertise pending at the moment, which is accumulating and offers a waiting period of six months. It was with a view to reducing this time that Provisional Measure No. 1,113/2022 ended up being approved. During the peak of the Covid-19 pandemic, between 2020 and 2021, this analysis model was used by the institution.
Is it possible to go back to work?
Now the MP awaits presidential sanction. Meanwhile, many workers continue without expertise, without receiving assistance and still without the possibility of returning to work! The problem lies in this excessive delay that ends up harming workers who are on leave. And even more so when the benefit is denied after months of waiting.
Many of the workers end up trying to return to work, for fear of losing their income due to the period of absence. In these cases, it is necessary to obtain the Occupational Health Certificate (The ASO), if the leave exceeds 30 days and the worker is able to return. Only then is it possible to return to activity normally.
On the day the examination is scheduled, the taxpayer must present all documents, including the ASO, to prove the period on leave and whether or not to receive the aid. If the worker is not yet fit, he cannot return to work, so he will have to wait for the medical analysis and the indicated time to return to the workplace.
Who can receive Temporary Disability Assistance?
Registered workers who have made at least 12 contributions to the INSS. Exempt from this period are professionals who were incapacitated due to accidents, illnesses contracted while working or the fact of having contracted a specific serious illness.
To obtain this assistance due to incapacity, the citizen who presents a certificate with leave more than 15 days – period paid by the company – and who has incapacity proven by the expertise of the Institute.
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