Find out how and who is entitled to request an INSS review

Jane Berwanger, director of the Brazilian Institute of Social Security Law (IBDP) talks a little about this: “A case that occurs a lot is someone wins a labor claim that increases the remuneration amount (for unpaid overtime, for example) or bond labor. When this is taken to the INSS, it may represent an increase in the contribution time or in the salary amount. Cases of rural work provided at some point in life are also in great demand.”

On average, the review period takes 4 to 5 months, and to request a review, just call 135 and schedule a time to take the documents, which are:

• Workbook;
• Document containing the benefit number;
• A letter with reasons for requesting a review.

There are several types of review and evaluation depending on several criteria, but generally the INSS denies the requests, leaving it up to the individual to take the case to court.

What has been happening a lot lately is re-retirement, which Luiz Pereira Veríssimo, president of the Institute of Social Security Studies (Ieprev) explains: “Whoever has more than 15 years of contribution after the first retirement can obtain an increase in the monthly amount received as retirement."

Here are some cases that allow for review:

• Victory in labor claim:

People who had employment relationships not accounted for in the initial calculation of the benefit.

• Time in rural work:

It happens a lot that people do not count the time of rural service they did before going to an urban job. In these cases, it is necessary to bring documents with the parents' names, and prove that they did not carry out any urban work.

• Period of work as a public servant:

Public servants who worked with their own pension system can request an increase.

Late contribution payments to the INSS

For self-employed people and entrepreneurs who have not contributed to the INSS for some time, but who have been in professional activity.

• Apprentice student

Anyone who worked as an apprentice student until 1998 can request that this period be included in their benefit, as long as proof of enrollment is provided.

• unhealthy weather

Any person who performed a function with a risk to health or physical integrity can apply, although it is difficult for the INSS to grant.

• ceiling review

For those who received the benefit between 1991 and 2003 with the ceiling at the time. The correction is based on constitutional amendments nº 20/1998 and 41/2003.

• companion support

There may be a 25% revision in the pension of those who held positions that provided assistance to people with limitations, tasks such as personal hygiene, cooking...

• Difference for sick pay

This is for when the beneficiary is receiving sickness aid while waiting for retirement. But in this case, the sickness benefit pays 91% of the average salary, so you can request the other 9% that was missing.

Recovery of IR discounts

For people with serious illnesses who receive the benefit, you can request income tax exemption.

• Revision of the article that determines the calculation of the benefit

Between 1999 and 2099, the INSS calculated the average salary with 100% of salaries received, currently it is done with the highest 80%. This calculation may give some difference in the value, but the INSS does not usually grant the review, and it is necessary to go to court.

• Inclusion of accident assistance

It is a law that supports the beneficiary to receive cumulative accident aid to his retirement. This causes many discussions, and the best thing to do is talk to a lawyer to see if it is appropriate to apply.

• Retiring

For beneficiaries who continued to contribute after retirement, with another 15 years of contribution after the start of the first benefit, you can request an increase in the amount. But you must be over 60 for women, and 65 for men, to request the review.

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