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The National Institute of Social Security (INSS) guarantees a 25% increase in the amount of retirement for some beneficiaries. This modification, provided for in article 45 of Law 8,213 / 91, is applicable only in cases of permanent disability of the insured.
This additional benefit was created as a way to complement the retirement of those who need the help of others to carry out daily activities, such as going to the bathroom, showering, eating, among other aids. The person responsible for valence can be a family member and does not need to be a nurse or contractor.
the retired due to disability Those who receive the benefit must be unable to carry out work activities, as a result of an illness or accident, according to the Federal Constitution. In addition, the legislation informs that the benefit will be interrupted with the eventual death of the insured, not being added to the amount paid in the case of a dependent.
INSS companion help
The application of the additional benefit to other cases had a great impact and the Superior Court of Justice (STJ) analyzed the case. In August 2018, the STJ issued a favorable opinion on the extension and application of complementary assistance for other types of retirees who also need help to develop basic activities.
The expansion favored people who had not retired due to disability, but needed help. For that, they would have to go to court to prove this fact and get legal help.
However, the Attorney General’s Office (AGU) submitted a request to the STJ to suspend the application of the understanding that authorized the surcharge for these latter cases. The STJ ended up suspending the process, but did not exclude the additional right for the different types of pensions.
The Supreme Court has yet to deliver a final verdict on the matter. For this reason, retirees who do not receive the disability benefit can still sue in court for escort assistance.
How to request the increase of the INSS
Normally, the aid is already granted in conjunction with the retirement process. However, people who are already retired due to disability, but who did not have the benefit granted in the process, may apply through the application or website “Meu INSS”, or by phone 135. This application will send a expert to prove the need for the benefit. .
However, as a result of the new coronavirus, Social Security agencies are inactive. Therefore, the applicant must wait for the resumption of activities, scheduled for September 14.
The INSS specifies some of the main documents to make the application, namely: CPF and identification document with photo of the applicant and the representative, or lawyer; Term of legal representation or power of attorney; and medical documents that prove that the insured depends on third parties.
Also read: INSS will launch automatic profit of R $ 1,045 this month
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