Errors that lead to the denial of the release of Sickness Benefit by the INSS

2023-12-30 00:53:38

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Errors that lead to the denial of the release of Sickness Benefit by the INSS Make the registration of labor sentence at INSS It is fundamental for the insured person who has won rights in the Labor Court, but unfortunately few people know this.

In general, it is through this procedure that this insured person’s employment information is shared with the Social Security system.

And how important is this in practice?

We can list at least three: requirements completed to request benefits or retirement, increase in the value of retirement (for those who have already retired) and even the review of amounts previously received in old benefits.

Interested, right?

That’s why in this article we will explain what it is, what are the 4 main reasons to do it and how to register your employment sentence with the INSS. Check out!

What is the registration of a labor sentence at the INSS?

Registering a labor sentence is nothing more than asking the INSS to update your CNIS (National Register of Social Information) with the rights acquired through a labor process. The main rights that must be informed to Social Security are:

Recognized period of employment;

Overtime;

Salary changes;

Receipt of additional payments (such as dangerousness and unsanitary), between others.

The dynamics happens as follows:

The worker — who is insured with the INSS, files a labor complaint with the Labor Court to claim some right.

At the end of the process, if your requests are accepted by the judge, a labor sentence which registers all rights acquired in court.

Having this document in hand, the worker must make the endorsement of labor sentence at the INSS to have your CNIS (popularly known as social security statement) updated.

4 reasons why you should register a labor sentence with the INSS

1- Longer contribution time

O contribution time It is a factor that deserves close attention from policyholders.

As a rule, most Social Security benefits and retirements analyze this time as a mandatory requirement for granting.

When registering a period that was previously not included in the social security system (as in the case of those who were in a work without a formal contract and sought to recognize the period in court), the worker increases his contribution time and accumulates it with others already registered with the CNIS.

2- Higher contribution salary

If the worker managed labor funds such as overtime, salary increases or additional payments provided for in the CLT through the Courts, it is possible to include these rights in the calculation basis of INSS contribution salaries.

This can considerably improve the values ​​of benefits and pensions to be received in the future or even those that were already received a while ago.

3- Possibility of reviewing old benefits that have already ceased

Contribution wages are used in the calculation basis of benefits granted by the INSS.

If you have recognized labor rights from a period in which you received some type of temporary benefit, be aware that It is possible to request a review of this benefiteven though it has already ceased.

This happens because the endorsement of the sentence will update your social security statement for that period, and in situations where there is an increase in your contribution salary, Social Security has the duty to pay the differences in the amounts previously received.

4- Possibility of increasing the current retirement amount

Anyone who has already retired and has a labor sentence with acquired rights can also register and request a review of their current retirement, as long as they have retired within a maximum of 10 years.

And we have good and very recent news on this topic: In a decision handed down on August 24, 2022, the Superior Court of Justice decided that the 10-year deadline for requesting a review of INSS retirement after obtaining funds from the Labor Court starts counting after the final judgment of labor action.

Check out an example of how the endorsement of a labor sentence at the INSS can be beneficial for the insured

A man who has a special pension managed to increase the value of his benefit after the Court recognized the registration of a labor sentence at the INSS.

In addition, the retiree will receive the retroactive amounts of two sickness benefits previously granted by the agency. The decision is from the Special Civil and Criminal Court of the SSJ of Aparecida de Goiânia-GO.

Understand what motivated the review

The retiree had salary differences recognized through a labor action filed against a former employer (overtime and additional unhealthy work), in the period from 07/16/2012 to 03/07/2017.

Such differences were not included in the insured person’s social security contributions during the period, as the employer only collected amounts relating to the salary at the time.

This fact clearly demonstrates the disadvantage of workers who do not inform the INSS of the rights recognized in the Labor Court:

In the case of the insured, his Initial Monthly Income (RMI), which defines the retirement values ​​and benefits to be received, was lower than what he was actually entitled to.

For this reason, the man sought to register a labor sentence with the INSS, with the aim of updating the contribution wages between the dates of 07/16/2012 to 03/07/2017.

Initially the request was made administratively but the body denied approval, which led the retiree to seek justice.

Advantageous review

Judge Gabriel Valente dos Reis accepted the retiree’s request and ordered the INSS to update his contribution salaries, according to the information released in the labor ruling.

As a result, the INSS must review the Initial Monthly Income of two sickness benefits that the retiree received between 08/03/2017 and 02/05/2019, paying the retroactive amounts of the salary differences.

In addition, the retiree will also have their special pension reviewed, receiving the outstanding amounts and having the due increase in the amount they currently receive.

Process: 1003556-88.2020.4.01.3504

(This case was monitored by specialist lawyers from MS Amorim).

How to register a labor sentence with the INSS

Even though the insured can submit their registration request alone, it will be a differentiator to have specialized help from a pension lawyer.

Below, we list the essential documents for the procedure:

Personal documentation (RG, CPF, Work Card);

Proof of address in the name of the holder (water, electricity or telephone);

Labor sentence and/or ruling;

Final and unappealable certificate or narrative certificate.

For those who wish to register their employment sentence with the INSS on their own, simply access the MY INSS app or website.

If the request is rejected by the agency, it is possible to take legal action with the help of a specialist lawyer.

Tip: The sooner you register your employment sentence, the better. Those who leave it to register only at the time of retirement run a great risk of having their request denied by the INSS, which would delay the granting of the expected benefit.

Registration for length of service

In addition to the registration of a labor sentence at the INSS, there is another known as endorsement for length of service.

In this modality, the insured person can submit to Social Security the remaining periods worked under different regimes.

The idea of ​​this type of endorsement is to complement the existing contribution time in the INSS with a period of service provided to different bodies or entities, standardizing the contribution period for a single regime.

It is possible to record the working time in activities such as:

Public server;

Special activity;

Family savings scheme;

Mandatory and/or voluntary military service.

Registration for public servant

Those who work in public administration generally contribute to the Social Security Regime (RPPS). This system is different from the INSS, aimed at private sector workers.

However, the vast majority of civil servants who are currently in their positions have already worked in activities with payment in other regimes.

In this case, whoever wants to retire in public serviceyou can also use the endorsement to join all your periods in the current regime.

On the subject, check out the video recorded with Dr. Luis Fernando, a social security lawyer with extensive experience in the RPPS:

Conclusion

Today you learned a little more about what it is and what the advantages of registering a labor sentence with the INSS are.

An interesting point to highlight is that this procedure is also part of the retirement planningas it anticipates possible failures that would only be highlighted in the future, when applying for your benefit.

A MS Amorim has lawyers specializing in Social Security Lawable to validate periods of work that are not recognized by Social Security and provide relevant guidance on the registration of a labor sentence with the INSS.

Partner: Marques Sousa & Amorim Law Firm