The National Institute of Social Security (INSS) has been conducting, since August 2021, a new “fine-tooth comb” to exclude people who no longer need to receive social security benefits from the Federal Government’s payroll. Around 170,000 people have already been summoned to carry out new medical examinations. Find out more information about the new fine-tooth comb, and how to avoid losing benefits, if you are summoned.
What this article covers:
How does the new fine-tooth comb work?
With the Emergency Aid paid by the Federal Government during the Covid-19 pandemic, the INSS now has access to a new database, which can be used by the institution to re-analyze processes with the intention of checking for errors in the retirements that have already been granted, and, if necessary, cut some benefits.
Currently, the new fine-tooth comb is analyzing people who are beneficiaries of the Benefit of Continued Provision of the Organic Law of Social Assistance (BPC-LOAS) and people who have been on leave for the Benefit due to Disability (Illness Aid and Retirement due to Disability) without expertise for more than six months and who have no stipulated cessation date or indication of professional rehabilitation.
The summons can take place through an ATM notification, SMS message, correspondence to the beneficiary’s address or through the Meu INSS portal. If summoned, the beneficiary has up to 30 days to schedule the new examination, and if the appointment is not made, in 60 days the retirement will be definitively cancelled.
Both the INSS and the beneficiary have the right to review the retirement within ten years after it is granted. O INSS analyzes the information to confirm whether the benefit complies with all the necessary requirements, and, if it confirms that it does not, reduce or even cancel the retirement. While the beneficiary can review whether the amount he receives is correct, to increase the pension if possible.
When Returns Occur
If the INSS finds that there was an error in the process of any pensioner, the amounts should only be returned in case of confirmation of fraud on the part of the beneficiary. If the error was made by the institution itself, no amount should be returned.
What are the reasons for canceling benefits?
The reasons for canceling retirement will depend on the type of benefit and its requirements. In case of retirement due to contribution time, Social Security may try to prove that the calculation of the time was done in a wrong way. On the other hand, in this case, the retiree can request the inclusion of new periods of work or special periods (performing activities considered harmful to health or physical integrity).
If the benefit in question is disability retirement, the institution will question the disability, but the pensioner can try to prove that the disability was aggravated and ask for an increase of up to 25% in the amount of your benefit.
How to defend yourself?
First, the beneficiary must be careful not to miss the call for a new expertise, keeping personal data updated on the Meu INSS website. If you are summoned, the first thing to do is to pay attention to the documents required by Social Security, it is important to have all the certificates, medical prescriptions and exams at hand. These documents can be attached on the Meu INSS website, on the “Requirement Fulfillment” tab, or delivered in person at the Social Security Agency (APS), on a scheduled date through the website or by calling 135.
Ultimately, if the benefit is, in fact, cancelled, one of the pensioner’s options is to request a new retirement, in accordance with the new rules, and it may even be more advantageous.
If you want to appeal to justice, you must file an appeal at the INSS itself, however, at the risk of not receiving the pension while the process is analyzed. So that this does not happen, it is important to present the case in court, asking the judge to maintain the retirement payment while the case is not judged.