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Currently, the National Social Security Institute (INSS) is in charge of implementing the recognition of the rights of the insured under the General Social Security System – RGPS, which covers more than 50 million insured and approximately 35 million beneficiaries.
Article 201 of the Federal Constitution of Brazil observes the organization of the RGPS, which has a contributory character and mandatory membership, and which includes all INSS activities, respecting the government policies and strategies of hierarchically superior bodies, such as ministries. Currently the entity is linked to the Ministry of Economy.
The agency was created on June 27, 1990, by Decree No. 99,350, from the merger of the Institute of Financial Administration for Social Security and Social Assistance – IAPAS with the National Institute of Social Security – INPS, as an autarky linked to the Ministry . of Security and Social Assistance – MPAS.
The information contained in the INSS database is valid to prove affiliation to Social Security, contribution time and contribution salary. The body has 13 reviews available to increase the value of benefits. Different situations may justify a request for a review of the amount of the benefit paid by the Institute.
Maximum value for 2021
The Federal Government, through the Ministry of Economy, confirmed the estimate of the National Consumer Price Index (INPC) for 2020, going from the current 2.35% to 4.10%. The indicator is important, since the result is used to readjust the minimum wage and the pensions of the National Institute of Social Security (INSS).
Therefore, if the index is confirmed, the wage floor would increase from R $ 1,045 to R $ 1,087.85 in 2021. That’s a increase of R $ 42.85.
Thus, with the 4.1% increase, the INSS ceiling can go from R $ 6,101.06, this year, to R $ 6,351.20, as of 2021.
review
The review is a service that allows the citizen to request the INSS to re-analyze the benefit granted or the Contribution Time Certificate, whether or not it presents new elements. The review service is intended for the beneficiary who does not agree with any parameter used in the granting of their benefit or Contribution Time Certificate, for example: the contribution salary or employment relationship was not recorded. To access this service, it is not necessary to go to an INSS unit (the request and receipt can be made directly through the web).
The situations were elaborated and have as sources Koetz Advocacia, INSS and Jane Berwanger, director of the Brazilian Institute of Social Security Law (IBDP) and the Institute of Social Security Studies (Ieprev). See:
1- Labor victory
Anyone who has an employment relationship recognized in court after leaving employment and who has not been included in the calculation of the benefit can request the correction. The measure may increase the contribution time (with additional bond) and the amount of salary (including overtime).
2- Time in rural work
The rural worker, who works a long time in the field, and who has not included any period in the calculation of the benefit, can request a review. For those who work in this field (family economy scheme), the activity of members of the rural family can be counted from the age of 12. If the agency receives the receipts correctly, the agency awards the benefit. To prove it, the worker can use documents on behalf of the parents, as long as they do not have a source of income from work in the city.
3- Payment of contributions in arrears
Freelancers or entrepreneurs who have not contributed to the INSS in certain periods of professional activity may request arrears. A calculation will be necessary to check if the late payment is viable. The calculation can increase the average calculation value or the contribution time.
4- Period worked as a public servant
Taxpayers who have already worked for the government with their own social security system can claim to increase the contribution period. To do this, the server must forward receipt receipts and contributions. It is a request that is usually made through the administration, with a good chance of winning.
5- Student apprentice and military service
That same. Those who worked as apprentices to students enrolled in company-run vocational schools in industrial or technical schools until 1998 can include this time to their advantage. For this, it will be necessary to prove enrollment or enrollment in the school. The rule also applies to those who have performed military service. The Institute must include this time in the benefit calculation count.
6- unhealthy
It is not an easy situation to receive a favorable opinion from the INSS, since the agency requires a specific test of each activity and uses its own criteria to calculate the weight of the task to the activity. However, even so, the employee who carried out some type of activity classified as special, that is, that involves a risk to health or physical integrity, and that has not been considered for retirement, can make a request for review in the INSS.
7- Roof check
The benefits granted between 1991 and 2003 may be reviewed by the INSS for their recomposition, provided that the salary value of the benefit has been limited to the maximum at the time of the grant.
8- Support for companions
There may be a 25% revision in the pension for those who depend on the help of third parties to carry out daily tasks, such as cooking and hygiene, cases of people with physical or mental limitations. Bank value, for example, the work of nurses or assistants. When making the request, the insured will undergo a new medical-expert evaluation by the INSS.
9- Difference for sickness benefit
Way of compensating the payment made by the INSS for the period in which the beneficiary received the sickness benefit pending the definition of the disability retirement agency. This is because the sickness benefit pays 91% of the average amount of the pension that the beneficiary will receive, that is, this is a mechanism to recover the remaining 9% and with retroactive effect.
10- IR discounts
Policyholders who receive benefits and have the deduction of income tax at source, it is possible to request an exemption from income tax in cases of serious illness. People with serious illnesses are exempt from the Personal Income Tax (IRPF). You will also need to submit medical reports or participate in an INSS experience.
11- Review of articles
Between 1999 and 2009, the INSS modified the benefit calculations, as it averaged considering 100% of salaries (currently, it is based on 80% of the highest salaries only). In general, the INSS does not grant this type of review by administrative means and, to correct the problem, after having the request denied by the agency, it is necessary to file a claim requesting the review of article 29, which is the article that determines the calculation using 80% higher salaries.
12- Accident compensation can be included
One measure that, despite being legal, does not usually receive favorable opinions from the Official Social Security is the inclusion of aid for accidents in the calculation of retirement. In 1997, a law determined that it would not be possible to cumulatively receive the accident benefit and retirement from 1997, but also considered that the injured worker should not suffer any loss due to reduction of work. It is an issue that should be considered with an attorney.
13- Retirement
A thesis that has been gaining strength in the courts is that of retirement or transformation of retirement, in which the retiree once again meets the requirements to grant a retirement after the start of the first benefit, completely discarding time and salary that was considered in the original retirement. Thus, if you have more than 15 years of contributions after the first retirement and the minimum age of 65 years for men and 60 years for women, it is possible to obtain an increase in the monthly amount received as retirement. This is a case that is generally denied in an administrative order and must be brought to justice.
Review request
Who can use this service?
Beneficiary who does not agree with the parameters used by the INSS regarding their benefit granted.
Steps to perform this service
Online without going to the INSS unit
Access My INSS Portal
Select the “login” option in the upper right hand corner of the screen and sign up for My INSS.
If this is your first access, please register by clicking the “login” button, then select the “Register” option and create your password with at least 9 characters, at least one uppercase letter, one lowercase letter and one number.
When accessing the system with the password, choose the option Hours / Requirements, click on “New requirement”, write in the field “search” the word “revision” and select the service Revision – Remote assistance. “Enter the requested data, complete your application and then follow the progress through My INSS, in the Hours / Requirements option.
Necessary documents:
- Personal documents of the interested party;
- List of the reasons, according to the law, why the INSS must review the benefit or Certificate of Contribution Time.
- Other documents that the citizen wants to add (example: simulation of contribution time. Requests, etc.)
Original documents required, when requested:
-
- Power of attorney or legal representation, identification document with photo and CPF of the lawyer or representative, if any;
- Personal documents of the interested party with photo;
In the case of a Contribution Time Certificate Review, also submit:
1 – request for cancellation of the issued certificate;
2 – original certificate; Y
3 – If requested, statement issued by the interested party’s agency, containing information on the use or not of the periods certified by the INSS and for what purposes they were used.
Other information
Deadline to request review: The right or action of the insured to review the benefit is ten years from the date of the first day of the month following receipt of the first payment or, where appropriate, the day on which knowledge of the final negative decision is made. .
The insured will be notified in advance in cases in which it is essential to appear in person to prove any information.
Review forms
Provisioning channels
meu.inss.gov.br
Telephone 135
My INSS mobile app
Any questions?
If in doubt, call the INSS Service Center at 135.
The service is available from Monday to Saturday from 7 a.m. to 10 p.m. (Brasilia time).
