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The rigidity of the requirements and the delay end up leading the insured to go to the Judiciary. (Photo: Ademir Ribeiro)
Nurse, watchdog, metallurgist, doctor. These are some professions that are entitled to special retirement, granted by the National Institute of Social Security (INSS). However, in most cases, professionals in these categories and other positions must go to court.
There are 33 professions that can apply for the benefit in a special way. The rules to access the benefit, however, may vary depending on the time of exercise and the time of retirement.
Social security attorney Geane Miller Manchesther explained who is entitled to special benefits for dangerous and unhealthy jobs.
“Any worker who works with harmful agents, such as heat, noise, mineral powders and other things, as long as they exceed the tolerance limit established by law,” he said.
The concession must be made through the INSS itself. But in practice, this is not what happens. Many workers have to go to court due to the rigidity of the requirements demanded by the Institute, in addition to the delay. Geane explained that one of the difficulties is a change in the law.
Until April 1995, the right to the benefit was guaranteed by the profession registered on the work card. It was enough to make the show unhealthy.
“There were many changes in the law. Until 1995 it was by professional category and it was easier, it was described in the table who had the right. As of 1995, other things were required, such as PPP (Social Security Profisiographic Profile) and technical report. These issues make the process more rigid and even taking everything, the INSS hardly grants it, ”he said.
The evidence is provided by the reports prepared by the employers, which support the preparation of descriptive forms on the risk of the environment for the worker.
“In court, the worker has to prove that he carried out the activities in the period requested by the framework, join the PPP, the technical report and sometimes the judge requests the technical expertise performed, as a general rule by an engineer,” explained the attorney. .
He explained that to achieve special retirement, the worker must prove 25 years of activity harmful to health.
“If proven, in this case there is no social security factor and he retires 100%. When he is not 25 years old, we convert the special time in common “, he concluded.
KNOW MORE
Special retreat
- There are 33 professions that can claim the right to special retirement from the National Institute of Social Security (INSS).
- Special retirement due to unhealthy or dangerous conditions is granted early to workers exposed to agents that are harmful to health or risk of death.
- However, according to experts, due to the rigidity in the granting of the benefit, most need to go to court to obtain retirement.
- Some factors hampered this process, such as a change in the law that occurred in 1995.
- Since April 1995, the profession is no longer the factor that determines the right to a special time for INSS retirement.
- In order to have the special retirement count after April 1995, it is necessary to demonstrate that there is a risk to health at work.
- The profession, however, can still be a good reference to know if there is a possibility of obtaining the right to the benefit.
Professions
- Plane
- Nursing assistant
- Dry cleaning assistant
- Fireman
- Surgeon
- Graphic cutter
- Electrician (above 250 volts)
- nurse
- Chemical, metallurgical and mining engineers
- Estivador
- Firefighter
- Industrial chemicals
- Graphic
- Train conductor
- Doctor
- Metallurgical
- Surface miners
- Bus driver
- Truck driver (more than 4 thousand tons)
- Technician in analysis laboratories and chemical laboratories
- Radioactivity Technician
- Oil extraction workers
- Tractor driver (large)
- Boiler operator
- X-ray operator
- Cold room operator
- Fishermen
- Perforator
- Gun painter
- Welder
- Painter
- Turner
- Construction worker (major works)
Reasons
- There are reasons for some professionals to obtain a special retirement in court.
Laboratory assistant
- Proven exposure to formaldehyde, acids, and other chemicals guarantees retirement.
nurse
- Nurses must demonstrate exposure to biological agents (viruses, bacteria, fungi, for example).
Metallurgical
- You can be exposed to a variety of harmful agents, from chemicals, like oils, to physicals, like noise.
- Exposure to noise above the limits guarantees the benefit of the INSS.
Conductor (flammable charge)
- Freight drivers were generally classified by category until 1995.
Vigilant
- In several decisions, the Justice considered that constant work with a firearm carries physical and psychological risk for the worker.
- Recently, the Superior Court of Justice (STJ) decided that, even without carrying a weapon, the guard can have a special retirement.
Changes
- The worker forced to expose his health or his life to some type of risk is compensated with an advantageous calculation of the contribution time to the INSS.
- The accumulation of special time can result in the granting of early and even higher-value retirements.
- In November 2019, the pension reform reduced financial benefits, but kept benefit anticipation.
- Before the reform, the INSS insured could retire, without a minimum age, after completing a period in the activity that varied according to the degree of risk.
How to check
- It is no longer accepted to apply for a special retirement directly in court.
- The insured must make the INSS reject or wait the period stipulated for the analysis of the application before appealing in court.
- Currently, the INSS has 45 days to respond to the insured about the concession or not.
- Documentation requested
- PPP (Social Security Professional Profile).
- Environmental Work Conditions Report (LTCAT).
- Portfolio of Work.
Important
- It is also possible to present witnesses, such as former co-workers, and the retirement processes of these workers.
- In court, the judge will review all the evidence already submitted to the INSS, but can still request new documents and expert evidence.
- Once the process in the INSS and the administrative appeal in the Appeals Board have been completed without the special retirement being granted, the next step is to present the claim in court.
- In special federal courts, it is possible to file a claim without the help of an attorney and the procedure is faster.
- However, the value of the case is limited to 60 times the minimum wage.
Source: Agora São Paulo newspaper.
