Find out who should request a review from the INSS in 2024 – 01/22/2024 – Market

INSS (National Social Security Institute) retirees have the right to request a review of their benefit if they consider that the amount paid is incorrect or that a period of work has been left out of the calculation. There is, however, a deadline depending on the start of payment of the first retirement. It is ten years from the concession.

In 2024, the deadline expires for policyholders who retired in 2014. The clock starts running from the first day of the month following the month in which the policyholder received the first benefit. For example, those who started receiving the benefit in January 2014 only have until February to request a review.

The statute of limitations applies to both revisions requested from the INSS and those requested from the Court.

To file a request for review, the retiree or pensioner needs to prove with documents and calculations that there was an INSS error. The correction must be requested from the INSS first. Justice can be called in if necessary. For legal actions of up to 60 minimum wages or for cases opened with Social Security, there is no need for a lawyer, but it is good to have a defender.

In the Special Federal Court, where cases of up to 60 salaries are opened, if the INSS appeals, a lawyer must be appointed within ten days. In the common social security court, where actions above 60 salaries are proposed — called court orders — it is necessary to have a lawyer from the beginning, to file the request.

Whoever proves the error and gets the benefit reviewed is entitled to receive retroactive differences from up to five years before the request, called arrears. The deadline may be different for reviews in which the insured person presents a new document in the middle of the process.

At INSS, the request can be made remotely, through the 135 telephone center or through Meu INSS (application or website). It is necessary to register on the Gov.br Portal to access the platform. Click here to learn how to create an account.

Some reviews, such as the Black Hole and the Ceiling, do not require a ten-year period. For both, the Judiciary has already recognized that there is a right to correction, and the INSS made the payment administratively. Anyone who thinks they are entitled, but has not received the correction, can make a request to the INSS or, if it is not granted, go to court.

“My advice is that the retired insured or pensioner seeks a specialized team to carry out the review calculations to check whether they are entitled before filing the administrative request with the INSS, or in the Courts, depending on the situation. The prior calculation is extremely important, since the INSS can also reduce the value of the benefit if it finds that there was some error when calculating the retirement or pension”, says lawyer Priscila Arraes Reino.

STEP BY STEP TO REQUEST INSS REVIEW

1. Visit meu.inss.gov.br
2. Click on “Log in with gov.br”
3. Enter your CPF and go to “Next”
4. Enter your password and click “Sign in”
5. Where it says “What you need”, write: “Review”

CHECK 7 REVISIONS WITH A TERM OF TEN YEARS

RETIREMENT CALCULATION ERROR

Why does the right exist? By failing to account for a period of work or considering a lower salary amount, the INSS calculates the retirement or pension in error, and the insured person earns less than they should.

The retiree can request a review to include these periods that were missed or that were incorrectly recorded by the INSS

If some contribution time was left out, it can also be included, which increases the total years paid to Social Security and, generally, the benefit

To do this, you must have documents that prove the institute’s error, such as payslips, proof of FGTS (Service Time Guarantee Fund) or receipts that can prove the correct value of the salaries

INCLUDE LABOR ACTIONS

Why does the right exist? Insured persons who won a labor action with recognition of contracts or salary amounts not paid by the employer and who retired without these periods and amounts having been accounted for can request a review of their retirement to include the court decision

Both the contribution time with the recognition of the relationship and the higher salary value can change the average calculation, increasing the benefit

It is necessary to present a copy of the employment decision, in addition to proof of working time, showing that the changes were not considered in the calculation of the INSS benefit

RIGHT ACQUIRED BEFORE THE REFORM

Why does the right exist? Workers who had already reached the minimum conditions before the Social Security reform, which came into effect in November 2019, can request a review if their benefit was calculated using the later, less advantageous rules.

It is necessary to prove that you obtained the right acquired before the reform with receipts, work card, contracts, labor actions, pay slips, special time report or other information that can serve as documentary proof

INCLUDE SPECIAL TIME

Why does the right exist? Anyone who worked in an activity considered special, in conditions harmful to health or with a risk of death until November 13, 2019, the date on which the Social Security reform came into force, has the right to convert the special time into common time and increase the total amount of years to retirement

In this case, there is a bonus in contribution time, increasing the minimum retirement time count by 20% for women and 40% for men.

A conversion factor is used to transform special time into common time

Conversion factor	Woman	Man
Low risk	1.2	1.4
Medium risk	1.5	1.75
High risk	two	2.33

Necessary documents

It is necessary to present proof of working in unsanitary or dangerous conditions. Exposure to agents harmful to health must occur permanently

For exposure to noise, it is necessary to follow the minimum levels established

The worker must present the PPP (Professional Social Security Profile), a document valid from 2004, or the LTCAT (Technical Report on Environmental Working Conditions); both must be provided by the employer

Until December 31, 2003, there are other valid forms, which must be presented according to the time in which the work was carried out. Look:

Form	Period in which it was issued
Dirben-8030	Between 10/26/2000 and 12/31/2003
DSS-8030	Between 10/13/1995 and 10/25/2000
DISES BE 5235	Between 09/16/1991 and 10/12/1995
SB-40	Between 08/13/1979 and 10/11/1995

INCLUSION OF PUBLIC SERVICE AND MILITARY CAREER TIME

Why does the right exist? Workers who worked in the private sector and retired but, before, worked for some time in the public service or served in the Armed Forces can request that the calculation of their benefit takes into account the period of military service or as a public servant, as long as they have not used the period to retire under one’s own regime (servant retirement)

In the case of working as a public servant, it is necessary to convert the contribution time, taking the CTC (Certificate of Contribution Time) to the INSS

WORK IN THE FIELD

Why does the right exist? Retirees who prove that they worked in rural activities until 1991, even if they were under 12 years of age at the time, can request that the period be counted as contribution time, without having to pay contributions.

LIFETIME REVIEW

Those who worked before the Real Plan came into force and contributed to Social Security in currencies other than reais before July 1994 may have the chance to increase their social security income.

The correction was approved by the STF (Supreme Federal Court) in December 2022, but continues to be debated in the body, which judges clarification embargoes, and the process has not completely come to an end.

For the insured person the chance to request this review, in addition to the granting of the benefit having occurred within the last ten years, it must have been based on the rules of law 9,876, of 1999, which began to define the calculation of retirement with salaries after July 1994.

The review will not be published in the INSS, only in the Courts and only after the STF judges that the right exists.

The trial is scheduled to resume on February 1, but there is no deadline for its completion.