{"id":198422,"date":"2026-01-19T08:11:57","date_gmt":"2026-01-19T08:11:57","guid":{"rendered":"https:\/\/teknomers.com\/en\/do-i-need-to-be-on-leave-to-apply-for-permanent-disability\/"},"modified":"2026-01-19T08:11:57","modified_gmt":"2026-01-19T08:11:57","slug":"do-i-need-to-be-on-leave-to-apply-for-permanent-disability","status":"publish","type":"post","link":"https:\/\/teknomers.com\/en\/do-i-need-to-be-on-leave-to-apply-for-permanent-disability\/","title":{"rendered":"Do I Need to Be on Leave to Apply for Permanent Disability?"},"content":{"rendered":"\n
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Permanently incapacity<\/strong> is a financial support system designed to protect individuals who, after receiving medical treatment<\/strong>, exhibit significant anatomical<\/strong> or functional reductions<\/strong> that diminish or nullify their work capacity<\/strong>. One of the most frequent questions regarding this process is whether being on sick leave<\/strong> is a requirement to initiate it.<\/p>\n

Is It Necessary to Be on Sick Leave to Request Permanent Incapacity?<\/h2>\n

Contrary to common belief, it is not mandatory to be on sick leave to apply for permanent incapacity, as noted by experts from the legal firm Toro Abogados<\/strong>. They explain that if an individual is currently employed, the National Institute of Social Security<\/strong> (INSS) may interpret that continued employment implies that the individual is not incapacitated. This viewpoint can complicate the application process.<\/p>\n

Consequently, most claims are initiated after a period of sick leave. In fact, many instances of permanent incapacity are granted after the maximum period of temporary incapacity is exhausted, typically 365 days and potentially extendable to 545 days. When a person is on sick leave, there are usually updated medical reports<\/strong> and continuous clinical monitoring, which facilitate evaluation by the medical tribunal.<\/p>\n

In What Circumstances Can Permanent Incapacity Be Requested Without Sick Leave?<\/h2>\n

While it\u2019s less common, there are cases in which individuals apply for permanent incapacity without prior sick leave. For instance, this may occur when a condition or injury has been progressively worsening<\/strong> without necessitating temporary leave but ultimately impedes the worker’s ability to perform their job, according to Vel\u00e1zquez y Villa Abogados<\/strong>.<\/p>\n

It’s important to note that ongoing employment can raise doubts regarding medical evaluations<\/strong>, so it is crucial to provide solid reports<\/strong> that verify actual limitations when submitting an application.<\/p>\n

Requirements for Requesting Permanent Incapacity<\/h2>\n

Beyond the question of being on leave, two essential requirements need to be fulfilled to apply for permanent incapacity, as pointed out by the legal firm Fidelitis<\/strong>:<\/p>\n