What happens when I exhaust Temporary Disability and the National Social Security Institute (INSS) DELAYS its ruling on Permanent Disability?

We have just received some surprising news from the General Social Security Treasury (General Social Security Treasury (TGSS)).

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In response to delays by its own body (National Social Security Institute (INSS)) in resolving Permanent Disability (PD) or Absolute Disability (AD, not artificial intelligence) claims, the administration has decided that the employee foots the bill.

What is happening is that the National Social Security Institute (INSS) is slow to issue decisions when an employee is on temporary disability (IT) leave (awaiting a permanent disability ruling), and the temporary disability (IT) subsidy runs out at 545 days, at which point the company must formally terminate the employee's sick leave status.

When the National Social Security Institute (INSS) grants the permanent disability, there is no problem. The issue arises when the National Social Security Institute (INSS) refuses the permanent disability claim and the employee needs to be reinstated: what happens between day 545 and the date the employee receives the notification of refusal?

From now on, the employee bears the cost, and not by means of a Royal Decree, but rather by a plain email sent directly to those authorised in the Social Security online system (Sistema RED), including ourselves in our capacity as payroll managers.

in accordance with the email we reproduce below, the General Social Security Treasury (TGSS) has decided that the employee must take out a Special Social Security Agreement if they wish to avoid losing their contribution record for the period between the date their temporary disability benefit is exhausted (day 545) and the date they receive the notification refusing their permanent disability claim.

In other words, the administration's chronic delays are being passed on to the very individuals harmed by them, and with full awareness, given that this is being communicated proactively by informational email.

Please do not hesitate to contact us if you wish to recover these contributions that the State is seeking to make you pay, or to pursue a claim for damages by filing a claim for state liability, which, in this case, begins with an administrative complaint and ends before the Social employment jurisdiction, like any other employment or Social Security matter.