How to have an increase in retirement by INSS?

However, when requesting a review, the retiree is entitled to receive a response within 45 to 60 days. The 45 days is the limit that the INSS itself informs the insured at the time he makes a request. The 60 days, on the other hand, correspond to the initial term of 30 days, extendable for another 30, as established by law.1 6

To submit a request for review, both administrative and judicial, it is necessary to obey some rules, the main one is to respect the ten-year limit established by law to contest the benefit. The period begins to run from the first day of the month following the receipt of the first benefit.

Anyone who identifies a calculation error in the average salary or the lack of a tax period within the decline can request that the Meu INSS website review the benefit. The insured must attach their personal documents and clearly explain why the benefit should be reviewed. Along with the application, it is necessary to include the new documents that prove the right being requested.

According to INSS, the insured will be previously notified in cases where it is essential to appear at one of their agencies to prove any information.

The request should occur when there is certainty that a right has not been recognized and when there are new documents to present to the institute.

If the INSS recognizes an error in favor of the insured, the differences will be paid up to five years before the request for review, with monetary correction.

Why face the INSS queue for a review?

• Retirees and pensioners have up to ten years to request a review of their benefit
• The period starts counting from the first day of the month following the receipt of the first benefit.
• That is, who started receiving retirement in January 2010, for example, has until February 2020 at the latest to formalize the request for review.

Advantage

• The biggest advantage of requesting a review at INSS is that it costs nothing. The insured only needs to submit the application, without the obligation to hire an attorney
• The request is made through the site meu.inss.gov.br or by phone 135. Documents must be presented that demonstrate the correctness
• If the administrative request is not answered within the deadline, the insured can go to court

Deadlines

• If you disagree with the INSS decision, the worker can appeal to the institute
• The deadline to file the appeal is up to 30 days after the INSS denies
• It is stated that the insured person writes a letter challenging the INSS decision, clearly stating their reasons.
• It is also possible to appeal to the Court

Make sure the order!

• When requesting a review, all benefits will be reviewed, so it is necessary to have documents that demonstrate the correctness
• If the INSS understands that the grant was improper or that a period went too far, for example, the income may decrease or the benefit may even be canceled

Payment of arrears

• If it is shown that there was an error, the INSS has to implement the higher benefit and pay the arrears
• These values ​​are the differences between the incorrect retirement grant date and the new benefit date, with correction
• The insured is entitled to the monetary correction of the amount. In court, there is also interest payment.
• Arrears are limited up to five years before the request for review

Social security declaration: see how to access the CNIS