2023-04-25 18:22:40
Can I have retirement denied by the INSS for what reasons? Even doing everything right, often the INSS denies a retirement request.
You can even prepare, research all your rights, gather the documentation and apply at the Institute.
Confident that nothing can go wrong, you hope your request will be granted.
But, unfortunately, the reality of millions of Brazilians is that the INSS have a high chance of denying a pension.
Thinking about exactly that, I prepared this content. He will explain the 5 main reasons why INSS may use to justify the denial of your retirement.
Stay with me and find out what to do for each of these reasons.
The goal is to prevent you from losing your retirement rights.
REASON 1: DOCUMENTS MISSING
The first major reason for INSS denying your retirement is the lack of documents.
Like this?
Well, for every period you contribute in life, specific documentation is requiredalthough gathering the documents is not an easy task.
Therefore, I will comment on the 3 most frequent examples, which generate problems at this time:
If you’ve been following the Blog for a while, you might already know what is each of these documents and its importance.
But if you’re new here, the content below will help you understand more about your retirement and the documents you’ll need to submit to the INSS. Read:
DISCOVER THE BEST WAY TO RETIRE IN THE INSS
Ingrácio Advocacia applies a method of in-depth legal investigation, mapping of scenarios and settlement of disputes to discover the path to your best possible retirement at the INSSavoiding lawsuits and lost rights.
REASON 2: LACK OF CONTRIBUTION TIME
Another frequent reason is the INSS alleging the lack of retirement contribution time.
Contribution time is a requirement for all INSS pensions, with the exception of Disability Retirement.
Want to know more? Check the information below, with the requirements for 6 retirements:
RETIREMENT BY TIME OF CONTRIBUTION
In the Retirement by Contribution Time, before the Reform, the man needed 35 years of contribution time, while the woman needed 30 years.
Since 2015, there is the possibility of retiring without the social security factor, if the sum of age plus contribution time is:
With the Reformation, there was an increase of 1 point per yearstarting in 2020, until reaching the limit of 105 points for men and 100 points for women.
And beyond that, the social security factor was also practically extinctone of the few pension reform changes that helped some policyholders INSS.
SPECIAL RETIREMENT
To be entitled to Special Retirement, both men and women normally need 25 years of contribution time in special activity.
That time may decrease to 20 years in jobs with exposure to asbestos, as well as for 15 years for workers in underground mines.
Up to the date of the Reformation, no minimum age required to retire in the special modality, but nowadays it is no longer like that.
Anyone who started working with special activity, before the Reform, but did not meet the requirements by 11/13/2019, will be entitled to the transition rule for special retirement.
For those who start contributing after the Reformationthere will be a minimum age to retire, between 55 and 60 years olddepending on the particular activity carried out.
RETIREMENT BY URBAN AGE
A Retirement by Urban Age required at least 15 years of contribution time for men and women.
Man had to have at least 65 years of age, while the woman, 60 years.
With the Reformation, the minimum age for retirement of women rose to 62 years. Men’s contribution time rose to 20 years.
These rules are valid for those who start contributing from the Reformation.
Those who started contributing before, and did not retire, will enter one of the transition rules.
TEACHER’S CONTRIBUTION TIME RETIREMENT
This is an exclusive Retirement modality for middle and high school teachers.
Are necessary 30 years of contribution time for the man and 25 for women, in the activity of professor.
After the Reformationboth men and women will need 25 years of contribution, and 60 years of age, for men, and 57 years of age, for women.
This modality also has a transition rule, which I explain in this content.
RETIREMENT FOR TIME OF CONTRIBUTION OF THE PERSON WITH DISABILITIES
In the case of the Retirement by Contribution Time of the Person with Disability, the contribution time varies according to the degree of disability.
RURAL AGE RETIREMENT
The requirements of Retirement for those who work in rural areas are at least 15 years of contribution time and 60 years old for the man e 55 years to the woman.
Rural retirement was one of the only ones that has not changed with pension reform.
WHAT TO DO IF YOU MISSED CONTRIBUTION TIME?
You’ve handed in all the paperwork, and yet the INSS denied your retirement?
In the next topics, I will explain why, because even if you have delivered all the documentation, the INSS may not recognize some periods.
Keep reading.
REASON 3: YOUR SPECIAL ACTIVITY WAS NOT CONSIDERED
This is very common in the INSS. Difficultly, someone who has a special activity manages to recognize her at the Institute.
Don’t think it’s the INSS agent’s fault, who took care of you the day you went to the agency.
Agents are required to follow the Normative Instructionotherwise they may suffer penalties.
The big problem is that the Normative Instruction has severe understandings and outdated, that harm those who want to retire.
What’s the solution then? File an appeal with the Board of Appeals at the INSS and/or file a lawsuit in court.
I will explain the 3 most frequent reasons that the INSS uses to deny special activity.
Know, however, that Justice and the Board of Appeals of the INSS have different understandings, which usually help you to get your retirement.
INSS usually denies special activity for the following reasons:
1. O AND ERA EFFICIENCY
The INSS claims, very often, that the Personal Protective Equipment (PPE), which you used, was effective and eliminated the unhealthy and dangerous aspects of your work.
For the INSS, it is enough for the company to fill in “YES” in the PPP field that asks if the PPE was effective.
Think with me, will any company answer NO to this question? They are few.
2. THE REPORT IS EXTEMPORARY WITHOUT REFERENCE FROM LAYOUT
Another very frequent claim by the INSS is that the Technical Report on Environmental Working Conditions (LTCAT) was carried out in a time different from the period you want to prove and has no reference to the layout from the company.
3. INSS DOES NOT RECOGNIZE THE SPECIAL ACTIVITY IN YOUR CASE
In many cases, the INSS simply does not recognize the special activity.
See some of them:
Period worked in a company that went bankrupt and did not provide PPP and report to the insured.
REASON 4: RURAL ACTIVITY WAS NOT CONSIDERED
A special insured activity (rural worker, artisanal fisherman, indigenous people, among others) is another complex point to prove in the INSS.
As in the special activity, INSS agents are limited by the Normative Instructionwhich does not always follow the judicial understanding.
Even presenting all the documents I mentioned in the text All about the time of rural worker in Retirement, the INSS has some reasons to not grant all his rural time.
PROOF OF RURAL ACTIVITY BY CNIS
I need to explain that, in 2015, a law was enacted that obliges the INSS to use only the National Social Information Register (CNIS) for the proof of exercise of rural activity and the condition of special insured from 01/01/2023.
For periods prior to that date, proof will be by means of a self-declaration.
In short, before, verification was done by rural unions; now, it is done by the rural worker himself through a self-declaration.
However, the Social Security Reform came to change the course of these rules a little.
For the purpose of proving rural activity, carried out until the date of entry into force of the Reform, the deadline of 01/01/2023 will be extended to certify rural activities only through the CNIS,
The extension will run until the date on which the CNIS (National Register of Social Information) achieve a minimum coverage of 50% of rural workers.
But stay tuned. Proof of time of rural activity is still being done through this self-declaration.
Stay tuned to our Blog, because we will keep you informed about all news about this topic.
Especially when the CNIS reaches the minimum coverage.
Your rural activity may not have been proven, as the INSS:
DID NOT RECOGNIZE SOME PERIODS
Even if you hand in a multitude of rural documents, the INSS may deny some periods if you do not have documents for each year worked as a special insured person.
DIDN’T ACCEPT YOUR RURAL DOCUMENTATION
Another common reason is that the INSS does not recognize the documents you submitted as evidence, and therefore denying retirement.
It is important to note that the documents you are going to deliver meet these 3 requirements:
DOES NOT RECOGNIZE RURAL ACTIVITY BEFORE 14 YEARS OLD
The INSS cannot, by determination of the Normative Instruction, recognize the period worked before the age of 14 of age in rural areas.
However, it is the understanding of the Superior Court of Justice (STJ) that the rural period of an insured person can be recognized before the age of 14.
REASON 5: CONTRIBUTIONS PENDING IN THE INSS
It’s not because you paid the Social Security Guides, or have the record in your Work Cardthat your situation with the INSS is regularized.
In some cases, the INSS has problems with data processing or, then, the company stops collecting your INSS.
In this case, some of your worked periods have pending issues that may harm you at the time of retirement.
To find out if there is any pending, it will be enough to request the Register of Social Contributions at the INSS.
It looks like this, as shown in the image below, and the field called indicators will show if there is any pending item in any period.
The most pending common they are:
To access the CNIS Contribution Statement, simply register on the Meu INSS portal and withdraw it online.
Another way is to request it from the INSS agency, without having to schedule this service.
CONCLUSION
In this text, you saw that the INSS can deny your retirement for many reasons.
Some of them are easier to resolve, while others will require you to take action: Administrative Appeal and/or Court Proceedings.
So, knowing the many problems that can happen with the INSS, it is essential to always prepare for your retirement.
Follow these 4 steps to decrease the chance of your benefit being denied:
After observing these points, you have everything to not lose your rights and earn your best retirement.
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A hug! To the next.
OAB/PR 26.214
Founder of Ingrácio Advocacia. She comes from a humble background and has 20 years of pension experience. She has already helped thousands of people to retire.
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