This is the maximum period to collect temporary disability if there is no decision of permanent disability

This is the maximum period to collect temporary disability if there is no decision of permanent disability

The temporary disabilityalso known as medical leaveis the situation in which a worker cannot carry out his or her work activity due to an illness or an accident (whether work-related or not). During this period, the affected person has the right to receive a benefit, the purpose of which is to compensate for the loss of income experienced due to not being able to work.

As a general rule, the maximum duration of temporary disability is 365 days, according to article 169 of the General Social Security Law, so it is not possible to maintain it indefinitely. Now, this can be extended for a further 180 days (6 months) and in exceptional cases extended up to 730 days.

Two extensions depending on the worker’s evolution

The first extension, of 180 dayscan be granted as long as the worker can be discharged during that period. Additionally, from May 2023, It is no longer necessary for Social Security to expressly declare itpassing the temporary disability to the extension status automatically upon completion 365 days (one year) sick leave. During this extension period, the worker can receive medical discharge at any time, without it being mandatory exhaust the 180 days.

The second extension of sick leave It can occur when the worker still has not recovered after the first 180-day extension. In this case, a file will be opened to be examined and evaluate whether you can be a beneficiary of a permanent disability pensionas established in article 174.2 of the General Social Security Law. In this new period, which can reach up to 730 days sick leave (two years in total), the worker’s medical situation will be studied and Social Security will issue a verdict. In general, Social Security has 90 days (three months) to notify its resolution, although the period may vary if the case is complex.

This second extensionknown as ‘qualification delay‘, is granted only in exceptional cases in which there is possibility of improvement. Its purpose is determine if the worker can receive the pension for permanent disability and, if so, to what degree. With this extension, the total time that a worker can remain on sick leave will be 730 days, as we have mentioned in the previous paragraph.

Now, despite the maximum duration, exceptionally and in accordance with management criterion 26/2023 (can be consulted at this link), the leave can be extended beyond 730 days pending the resolution of the Medical Court when the illness or injury presents a special complexity. In this last situation, it is up to the mutual collaborators of Social Security to assume the payment of the temporary disability until the final resolution is issued.

How permanent disability is assessed

The National Social Security Institute, through its Disability Assessment Team or Medical Court, carries out a study of the worker’s situation when the period of temporary disability ends, analyzing whether the injuries or illnesses of the affected person have subsided enough to to be able to return to work. If not, there are two options. The first option is to grant the aforementioned extension up to the maximum limit of two years, being clear that the worker will be able to recover in that time. The second option is for the INSS to initiate a report to determine the degree of permanent disability that will be granted to the affected person.

Yeah after exceeding the maximum of 730 days of temporary disability, the Medical Court does not grant permanent disability, due to a bureaucratic delay or due to complications in the treatment or situation of the worker who is on sick leave, the person in question You can continue collecting temporary disability financial benefit until the final report is resolved by the INSS.