People retired by the National Institute of Social Security (INSS) may request a new analysis of the benefit they currently receive to try to obtain an increase in the value, if they believe that the calculations carried out by the institution are incorrect, they wish to include, exclude or change dependents or have new documents to present. Find out in this article if you are entitled to a request for review of your retirement amount, and how to do it.
What this article covers:
How is the INSS review request made?
The revision request is made completely online, through the Meu INSS portal, and the necessary documentation common to all cases is the CPF number and the benefit number.
Above all, the beneficiary must be sure that the request for revision is justified for an increase in the retirement amount, otherwise, the new INSS calculation may reduce or even cancel the benefit received. Therefore, it is advisable to obtain the services of a lawyer specialized in Social Security Law before making the request for review.
There are 13 situations in which it is possible to request a retirement review, most of the time the request can only be made within a period of 10 years after the payment of the first salary. On the other hand, some types of review are the exception to this rule. Read below:
If the insured has his/her benefit granted between 11/29/1999 and 11/12/2019 and has contributions before July 1994. The reason for this revision is that, from 11/21/1999, art. 29 of Law 8213/91 determined that the value of the benefit would be calculated based on 80% of the largest contributions made by the retiree. Whereas, the transition rule predicted that the benefits granted until the date of the law would only take into account the contributions from July 1994. Thus, if a beneficiary had made greater contributions before that date, he would end up being harmed.
black hole review
Attributed to those who had the benefit granted between the dates of the enactment of the Constitution (10/05/1988) and the enactment of the Law of social Security (05/04/1991) and who did not have their salary for the last 12 months monetarily corrected.
The reason for this review is the outdated and disorganized social security rules before the Social Security Law, and some benefits were calculated incorrectly. Thus, in order for the retiree not to be harmed, a revision of the benefit is necessary, if it has not already been done previously.
Green Hole Review
Retirees between 04/05/1991 and 12/31/1993 or from 03/01/1994 can request this revision, if their benefit salary is above the ceiling in effect at the time, and they are only receiving the amount from the ceiling.
Review of Ceilings
Who began to receive the benefit between 12/16/1998 and 12/31/2003 and had their benefit salary limited by the ceiling. This review is necessary because on 12/31/2003 the social security ceiling was increased from R$1,200.00 (1998 value) to R$2,400.00.
Review of the Minimum Wage Readjustment Index
This review is intended for those who began to receive the benefit between 03/01/1994 and 02/28/1997. The reason is that during this period the calculation of the contribution salary was based on the month of February 1994, when inflation was not considered, and it is possible that the INSS did not correct about 39.6% of salaries at that time. , resulting in a reduction in the value of benefits.
Finally, the types of review below are not limited to a specific date, but are based on the rule of 10 years from the first payment of the benefit salary.
Review by Labor Action
If the insured has a favorable opinion in a labor process, it is possible that there are bonds or severance pay to receive, since this information is not automatically passed on to the INSS. If you are not yet retired, but have a favorable opinion in a labor process, the beneficiary may request an annotation of the labor judgment.
Review for Inclusion of Special Time
If the insured person has carried out any activity considered harmful to health or physical integrity, and the special time has not been converted into common time, he or she may file a request for review for an increase in the contribution salary.
Revision for Inclusion of Rural Time
Anyone who has worked in rural activities and has not included this working time in the calculation of retirement has the right to request a review as well. If you have worked until 10/31/1991 without paying the contribution, or have worked in rural areas before the age of 12, you can also request the inclusion of this period of work in the calculation.
Military Time Review
Compulsory or voluntary military work, even if temporary, may be included in the contribution salary time calculation, if it has not already been done.
Review of Time as a Public Servant
In case the beneficiary has worked in private companies and public bodies throughout his life, he can request a new analysis of his retirement, because the private and public contribution regimes differ and do not communicate with each other.
Review of Concurrent Activities
It may be requested if the retiree has worked in more than one activity in the same period of time. Prior to Law 13,846/19, which determines that the benefit salary must be based on both salaries, the benefit was calculated taking into account only the activity considered to be the main activity, even if the salary was lower than the secondary one.
Revision of Article 29
Article 29 item II of Law 8.213/91 determines a new interpretation of the calculation of disability retirement and death pension, which is now based on the average of 80% of the highest salaries, and not all salaries. Although the INSS itself is already making the correction with a payment schedule, the beneficiary has the right to request a new analysis.
Review of the Best Benefit Start Date
This review is directed at policyholders who have not yet retired, but are within all requirements to receive the benefit. Through it, the beneficiary has the right to analyze which rules and dates will be most advantageous to start receiving their retirement.
If your case fits into any of these categories, seek a lawyer to assist you before filing the analysis request and not run the risk of reducing or losing your benefits. The process is entirely online, on the Meu INSS website, and it is not necessary to attend in person. Remember to keep your data up to date on the website, and in case of questions, contact us at 135.