13 examples of increases in INSS payments – Mix Vale

2023-09-06 01:38:30

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13 examples of increases in INSS payments Different situations may justify a request for a review of the benefit amount paid by the National Social Security Institute (INSS).

According to lawyers specializing in social security law, there are administrative channels (along with the Official Social Security) and also the option of going to court to try to correct amounts received by beneficiaries who feel, in some way, wronged due to failures in calculations and inspections by the body .

As the legislation has had several changes in recent decades, it has created some loopholes that are interpreted in different ways. Therefore, it is common for the insured person to need a review of retirement or benefits because he is earning less than the law determines. In addition, situations that are not known to the INSS can also be taken to Social Security so that the retirement amount is increased.

— A case that occurs a lot is someone winning a labor claim that increases the amount of remuneration (for unpaid overtime, for example) or employment relationship. When this is taken to INSS, may represent an increase in contribution time or salary value — explains Jane Berwanger, director of the Brazilian Institute of Social Security Law (IBDP) — Cases of rural work provided at some point in life are also quite demanded — he completes.

To place the order, the path is simple. Just call the call center social security (135) and make an appointment for the delivery of documents and receipts. As a rule, in four or five months there is an answer. To request that the income amount be revised, it is necessary to present the work card, document with the benefit number and letter with the reasons for the revision request.

The different types of review retirement and benefit will vary according to some criteria, such as the date of receipt, the type of benefit and whether the insured continued to contribute to the INSS after granting retirement. However, as there is a lack of consensus on many of the topics, the INSS tends to deny most of the revision requests presented at the post. Then, the option to get a new calculation is to go to court.

Some cases that have had a recent change in the interpretation of the law have also given a chance to extend the benefit, although, in these cases, the path with the greatest possibility of victory is even the judicial process. This is the case of the so-called re-retirement (different from dis-retirement), when the retiree again fulfills the requirements for granting a retirement, completely discarding the time and wages that were considered in the original retirement.

— Who has more than 15 years of contribution after the first retirement can obtain an increase in the monthly amount received by way of retirement — says Luiz Pereira Veríssimo, president of the Institute of Social Security Studies (Ieprev).

Check out, below, 13 situations that allow the retiree to request a review of the benefit.

The 13 cases that make it possible to request a review to improve retirement at the INSS

1 – Victory in labor claim

Any person who has an employment relationship recognized in court after leaving employment and which has not been included in the calculation of the benefit can request correction. This can increase both the contribution time (when the additional bond is recognized) and the salary amount (with the inclusion of overtime, for example), both factors that increase the benefit.

2 – Time in rural work

Many people work a short period in the countryside before moving to the cities, but this period is not included in the benefit calculation. Activity in the rural family economy regime can be counted from the age of 12. This is a situation in which the INSS, when it receives the vouchers properly, grants the benefit. To prove this activity, it is possible to use documents in the name of the parents, as long as they do not have any source of income through urban work.

3 – Period worked as a public servant

Anyone who has worked as a public servant with their own pension plan may request an increase in the total contribution period, increasing the amount of their monthly income. All proof of receipts and contributions must be presented. It is a request that is usually made through administrative channels, with a good possibility of winning.

4 – Payment of overdue INSS contributions

Self-employed persons or entrepreneurs who have not contributed to the INSS in certain periods of professional activity may request late payment. For this, it is necessary to carry out a calculation to verify whether the overdue collection is feasible. This recalculation can increase the average value of the calculation or the contribution time.

5 – Apprentice student

Those who carried out activities as an apprentice student enrolled in professional schools maintained by companies in industrial or technical schools until 1998 can include this time to their benefit, provided they prove it with enrollment or registration at the school. The rule is the same for those who performed military service: the INSS must include this time in the calculation of the benefit.

6 – Unhealthy weather

It is a slightly more difficult situation to receive a favorable opinion from the INSS, as the body requires specific proof of each activity and uses its own criteria to calculate the weight of the task to the activity. Even so, anyone who carried out any type of activity listed as special, that is, involving a risk to health or physical integrity, and which has not been considered for retirement, can make this request.

7 – Revision of the ceiling

Benefits granted between 1991 and 2003 may be reviewed by the INSS for recomposition, provided that the benefit salary amount has been limited to the ceiling at the time of granting. The change is based on Constitutional Amendments nº 20/1998 and 41/2003, which support the correction.

8 – Support for companions

There may be a 25% revision in the pension for those who depend on help from third parties to carry out everyday tasks, such as cooking and taking care of hygiene, cases of people with physical or mental limitations. The value would finance, for example, the work of nurses or assistants. When making the request, the insured person will undergo a new medical-expert assessment by the INSS.

9 – Difference due to sickness benefit

Way to offset the payment made by the INSS for the period in which the beneficiary received sickness benefit while waiting for the body’s definition of disability retirement. This is because the sickness benefit pays 91% of the average retirement amount that the beneficiary will receive — that is, this is a mechanism to recover the remaining 9%, and with retroactive effect.

10 – Recovery of IR discounts

For policyholders who receive benefits and have the income tax deduction at source, it is possible to request income tax exemption in cases of serious illness. Persons with serious illnesses are exempt from the Individual Income Tax (IRPF). It will also be necessary to present medical reports or participate in expertise at the INSS.

11 – Revision of the article that determines the calculation of the benefit

Between 1999 and 2009, the INSS changed the benefit calculations, as it made the average considering 100% of salaries (currently, it is based on 80% of the highest salaries only). In general, the INSS does not grant this type of revision through administrative means and, to correct the problem, after having the request denied by the agency, it is necessary to file a lawsuit requesting revision of Article 29, which is the article that determines the calculation through of the 80% highest earners.

12 – Inclusion of accident assistance

A measure that, despite being legal, does not usually receive favorable opinions by the Official Social Security is the inclusion of accident aid in the calculation of retirement. In 1997, a law determined that it would not be possible to receive the accident aid benefit and retirement benefits cumulatively from 1997 onwards, but also considered that the injured worker would not suffer losses due to the reduction in work. This is a question that should be discussed with a lawyer.

13 -Retirement

A thesis that has been gaining strength in the courts is that of re-retirement or transformation of retirement, in which the retiree again fulfills the requirements for granting a retirement after the start of the first benefit, completely discarding the time and wages that were considered in the original retirement. Thus, if you have more than 15 years of contribution after the first retirement and the minimum age of 65 for men and 60 for women, it is possible to obtain an increase in the monthly amount received by way of retirement. This is a case that is usually denied in an administrative request and needs to be taken to court.

Sources: Koetz Advocacia, INSS and Jane Berwanger, director of the Brazilian Institute of Social Security Law (IBDP), and Institute of Social Security Studies (Ieprev)

How to ask for a review at the INSS

– To ask for the review in the 13 cases, you need to schedule the service, which can be done online or by calling 135. Afterwards, just go to the INSS at the scheduled date and time.

– If you cannot attend in person, you can appoint a proxy to file the application on your behalf.

– To be assisted at INSS agencies, the worker must present an identification document with a photo and the CPF number accompanied by the written and signed request for revision, in addition to other documents that he wants to attach to justify his allegations, such as a work permit, proof of income, court decisions, etc.

– After analyzing the request for revision, the INSS will officially communicate the result to the interested party (according to lawyers, the whole process takes about four or five months in Porto Alegre, and three in the interior), and will open an appeal period if the insured person disagrees with the request for review. decision taken by the agency.

– If the beneficiary still disagrees with the decision and does not have, for example, the retroactive amounts included, he may file a lawsuit through the courts.

Source INSS