INSS Pension and Benefits Review, Meet All

A Pensions and Benefits Review is a measure to correct the amounts received by pension beneficiaries who feel aggrieved in one way or another because of shortcomings in calculations and inspections of the INSS. In addition, legislation has evolved over the years and some violations are interpreted in different ways. Therefore, it is quite common that the insured needs a pension or benefits review because he earns less than the law.

Different types of pension review and benefits vary according to certain criteria, such as the date of receipt, the type of benefit and whether the insured continued to contribute to the INSS after the retirement allowance . The process is usually not complicated and its duration can vary from 6 months to 3 years, depending on the case. To apply, you must file a lawsuit before the Federal Special Court or the Social Security Tribunal that holds the pension allowance letter.

Our purpose is to explain each of the possibilities.

How to do it?

How to do it?

How to do it?

How do we do it?
All pension and benefits reviews that we will explain in future topics also apply to Brazilians residing in other countries, following the same procedures and deadlines. In these cases, it is not necessary for the pensioner to come to Brazil because he can transfer everything digitally via the Internet.
Anyone with a legally recognized employment relationship who has not been included in the calculation of the benefit

Anyone with a legally recognized employment relationship who has not been included in the calculation of the benefit. ]
In case of inefficiency of the INSS inspection or the labor inspectorate, it is possible that the worker does not receive the amounts to which he is entitled. Whenever an agreement is reached in a work-related claim, it is important to closely examine with a Social Security lawyer if the agreement deals with rights with immediate grant or if, at In the future, a check will be necessary.

One of the most common situations. The type of pension review is defined as if it is legally proven that an employment relationship has not been recognized so far. We will give an example:

Ana retired at the age of 60 with 15 years of contribution. After his retirement, he won recognition in court for another 10 years in which his employer did not sign his portfolio. Ana will also be able to participate in the review so that her retirement is recalculated taking into account this period, which will increase the value of the benefit.

In addition to retirement, this revision may increase the value of other benefits, such as retirement, and death pension. In the case of a death pension, it is necessary to prove that the insured had the employment relationship in question before the death.

Retirement Review for the Inclusion of Rural Time

Who is entitled?
Those who worked in agriculture
There are a very large number of people who worked in agriculture and who did not include this period of activity in the count time spent in retirement. . These are situations in which people help the family in rural areas and work in activities outside of this context. The period of rural activity in the family economy can be counted from 12 years old. Considering this activity up to 18 years, for example, it takes 6 more years as working time.

For this purpose, it is planned in the Pension Review to include rural time, which can improve the value of the benefit ratio. It is important to note that, to prove this activity, it is also possible to use documents on behalf of the parents, as they have no source of income through the urban work.

Review of Retirement, Pension and Death Pensions (19659024) The calculation of the value of retirement is based on 80% of the highest wages received by the insured during his or her contribution period. Between 1999 and 2009, the INSS mined pension benefits and pensions, averaging 100% of wages. In this way, the lowest earnings were included in the calculation, lowering the value of the average.

In order to remedy this problem, it is necessary to file a lawsuit seeking review of Section 29, which determines the calculation according to the 80% salary increase. Of all the people who became beneficiaries between 1999 and 2009, 90% are entitled to a revision.

Revision of the 25% allowance for accompanying persons

Who is entitled?
Assured dependent on the badistance of a third party for his activities
This is a measure to provide a 25% increase in the value of the benefit to the insured who need the help of others – family members or nurses – to perform simple daily tasks.

This fertilization often originates from: total blindness, loss of nine or ten fingers, paralysis of the upper or lower limbs, loss of the lower limbs, above the feet, when the prosthesis is in place. Impossible, loss of a hand and two feet, even if the prosthesis is possible, loss of an upper limb and inferior, when the prosthesis is impossible, impairment of mental faculties with g

Review of errors INSS calculation with wages different from those recorded in CTPS and paychecks

Who is the right
What is it?
The value correction and the recovery of the values ​​not received are due to a calculation error of the INSS. You can check the wages recorded on the paychecks and CTPS checks to see if the benefit calculation is correct.

Special revision after retirement after 98

Who is entitled?
Professionals who have had a pension

What is it?
Between 1998 and 2003, Law 9,711 determined that it would no longer be possible to convert a special time into a common time. . This affects people who have worked exposed to unhealthy agents because this period would not be increased to obtain a common retirement. Thus, a person aged 24 in poor health should work eleven additional years without insalubrity to be able to retire at retirement.

In 2003, Decree 4827 again established the conversion of special time in common, with a 20% reduction. time for women and 40% of the time for men.

The special revision at retirement is made in proportion to the period of activity worked more than necessary, given the conversion, and will be entitled to collect arrears. A little more complex, it can be completed between 1 and 3 years.

Examination of the most advantageous benefits

Who has the right?
All who could
This retirement magazine is for retired women with more than 30 years of contributions and retired men who have completed more than 35 years. years of contribution.

It is the STF that made the decision, based on an action in which the author who had applied for retirement in 1980 and realized that the calculation on the basis of the Year 1979 would be better. The determination increased the value of the pension, even if it was based on an earlier date, and the author also retroactively received the uncollected amounts relating to 1979.

With the decision of the STF, all courts and tribunals judges must apply the same measure.

Revision of the pension for death

Whose right?
Anyone who was entitled to receive a pension between October 1988 and April 1995.

On April 28, 1995, Act No. 9032 was created. It provided for the payment of 100% of death benefits. the value of the benefit salary. The pension salary is the amount granted during the joint pension, which corresponds to the average calculated between the 80% higher salary that he received during his period of work.

Before the law, the salary was proportional (from 80% to 90% of the deceased's pension value). With the revision, in addition to receiving the full amount (100%), the retiree can also retroactively receive the late months, which can reach R $ 14,000.

The process lasts on average at first only 3 months. In the second, about two more. With the necessary documentation, the revision can be granted simply in less than a semester.

There is also the Revue des valeurs suffering of a pension by death
. of December 11, 1997, the death benefit was granted on the basis of the date of the application rather than the date of death. In other words, the period between the death of the insured and the registration of the claim was not taken into account. If this is the case, you can request a review so that benefits can be paid from the date of death.
Beneficiary receiving badistance since before December 1997 and having had a benefit extinguished after retirement.
Beneficiary receiving badistance prior to December 1997 and having lost his earnings after retirement.

What is it?
Recipients of accident badistance who began receiving benefits until December 1997 and who terminated the benefit after retirement may apply for reconsideration. Today, law 9528/97 does not allow simultaneous benefit of badistance in case of accident and retirement. But before the law, it was possible.

The subject is still under discussion, but it is understood that both benefits can be obtained if the help began before the law came into force. in force. In a process ranging from 1 to 3 years, the goal is to earn the right to receive both benefits (retirement allowance and accident) and the months during which benefits were suspended.

OTN / ORTN Retirement Review [19659005]

Who retired between June 17, 1977 and October 5, 1988 and whose adjustments were adjusted with the badistance of the Index ORTN

What is it?
The OTN / ORTN Pension Review refers to all persons who retired between June 17, 1977 and October 5, 1988, and for whom a readjustment was made using the ORTN index. The ORTN (National Treasury Adjustment Obligations) index was a measure taken to keep up with inflation. In 1986, during the Cruzado plan freeze, ORN continued to amend the OTN nomenclature, as adjustment rates were also frozen for one year.

Today, in most cases, retirement is granted on the basis of the average of 80% higher wages. At that time, only the last 36 salaries were taken into account and there was no readjustment of the 12 most recent salaries, which significantly reduced the value. Therefore, the reconsideration can increase the benefits of pensioners under the ORTN up to 52.7% and recover this amount retroactively over the last five years, which will reach an average of 10,000 rand.

a rare process (for those who have retired for more than 20 years) is quite simple and tends to complete within six months.

Retirement Review for 1994 and URV 1994 IRSM Application Who

What is it?
During this period, retirees' pensions are no longer granted with amounts based on the minimum wage revaluation index (or MRI) which was based on the value of benefits and are now calculated by the United States. Value reference unit (or URV). This exchange was part of the strategy to stabilize the real plan and hinder the calculation of the value of pensions.

This retirement review is also quite simple and should be completed within 6 months. The applied adjustment can reach 39.67% and recover values ​​which, as in the case of OTN / ORTN, report an average of R $ 10,000

. Source: Source: Koetz Advocacia

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