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Since 2019, disability pensions are no longer fully paid: now part is 60% of the average salary, with additions only for those who can prove minimum time or an occupational disease.
The disability pension, now called permanent incapacity pension, has undergone a significant cut due to the 2019 Pension Reform. Previously, the incapacitated worker received 100% of the average contribution salaries.
Now, the calculation starts from 60% of the average salary, increasing only by 2% per year depending on the time of contribution.
In practice, this means that thousands of Brazilians are now receiving less than half of what they received before the reform, according to the warning from social security lawyer Hilário Bocchi Junior.
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The impact falls mainly on low-income workers, who already had lower contributions and now face insufficient benefits for basic sustenance.
How the Benefit Calculation Changed
Before the reform, any insured person deemed permanently incapacitated received 100% of the average salary since July 1994. After November 2019, the calculation changed:
The initial amount is 60% of the average of all contributions.
Men only start to add 2% more per year from the 20th year of contribution.
Women begin to add 2% from the 15th year of contribution.
Practical example: a man with 25 years of contribution will be entitled to only 70% of the average (60% + 10%), and no longer to the full amount.
The same applies to a woman with 20 years of contribution.
Exceptions That Still Guarantee 100% of the Average
Despite the general cut, there are still situations where the full amount is maintained:
Work-related accidents or occupational diseases, when the incapacity arises from the work environment.
Incapacity prior to 2019, for those who were already on leave before the reform.
Additionally, there is a bonus of 25% on the benefit amount when the insured proves the need for permanent assistance from another person.
The Role of INSS Evaluation
There is no closed list of diseases that guarantee disability pensions.
The criterion is always total and permanent incapacity, assessed by official medical evaluation from INSS.
Depending on the analysis, the insured may have the right to other aids, such as temporary incapacity assistance (formerly sickness benefit), accident assistance, or even professional rehabilitation.
This individualized assessment is crucial. Often, a serious diagnosis is not enough: it needs to be proven that the condition truly prevents the exercise of any job or rehabilitation activity.
Reflections on the Labor Market
In cases of work-related accidents or occupational diseases, in addition to the full benefit, the worker may have other complementary rights. Among them:
Deposits of FGTS during the leave.
12 months of job security after returning.
Compensations provided in insurances or labor lawsuits.
These guarantees strengthen protection but depend on the proof of a link between the disease and the work environment.
The Real Impact of the Change
According to experts, the change made in 2019 reduced the average amount received by disability pensioners across the country.
For those who had less than 20 years of contribution, the drop was even steeper, making the benefit insufficient to cover basic expenses for entire families.
This reduction opened a gap of social insecurity.
The Federal Constitution provides that Social Security must guarantee protection against disease, disability, and work-related accidents, but in practice, the amount paid has become limited by criteria that leave many workers unsupported.
And you, do you think it’s fair that the disability pension has dropped to just 60% of the average salary since 2019? Does this cut impact your family or someone you know? Leave your opinion in the comments — we want to hear real experiences on this topic.
Considero uma tremenda injustiça. Sofri um acidente de trabalho em 2003 que me deixou com sequelas permanentes e que só vêm se agravando com o tempo. Há época, eu possuía 2 vínculos empregaticios. No decorrer dos anos, meu beneficio foi abaixando o vlr de tal maneira que hj, recebo menos que um salário mínimo vigente. Mto triste isso.
Pois é, isso é muito injusto, pois eu estava trabalhando quando fui diagnosticada com uma doença rara e sem cura até o momento, ninguém pede pra ter uma doença incurável, pois eu era ativa, sempre pratiquei esportes, eu não parei de trabalhar porq eu quis, estou impedida devido a minha patologia.
Estou aposentada e o que já era pouco ficou menos ainda. Em benefício por incapacidade temporária você ganha 91% e quando se aposenta por incapacidade permanente 60%, perdi o plano de saúde da empresa em que eu trabalhava, a minha medicação que eu tomava pelo plano de saúde custa 100 mil a cada 6 meses e o SUS não fornece, até judiacializando além de demorar, eles negam, então vou passar usar uma bem inferior e onde pode acarretar outros problemas que eu prefiro não focar, eu teria que ter uma alimentação saudável, mas até melhorada seria melhor, mas sem ter condições de trabalhar e com o valor da aposentadoria por incapacidade permanente paga pelo INSS é inviável, chega a ser vergonhoso, no momento em que precisamos do INSS é isso que nós recemos!
Aguardando o tema 1300 do STF ir a frente logo!
É injusto o que fizeram com o trabalhador doente