INSS may cut disability retirement after 10 years – 8/3/2023 – Market

The INSS (Instituto Nacional do Seguro Social) can review and cut disability and assistance benefits even after the ten-year term of the grant. The understanding is in a resolution of the CRPS (Social Security Appeals Council) published in the Official Gazette of this Wednesday (2), which standardizes the rules for those who appeal to the council.

According to the document, the INSS will be able to review and cancel the disability retirement payment —today called permanent disability retirement—, sickness allowance, which is temporary disability aid, and BPC (Continued Provision Benefit) after statute of limitations as these are benefits that are subject to periodic review provided for by law.

There are, however, exceptions in which the institute cannot cut income.

According to lawyer Adriane Bramante, president of the IBDP (Brazilian Institute of Social Security Law), the INSS had already been applying this understanding in administrative processes. “What the resolution did was to adjust the wording to the administrative and judicial positions”, she says.

Lawyer Rômulo Saraiva, specialist in Social Security and columnist for Sheetreinforces that, with the resolution, the council applies an understanding that has already been consolidated administratively, as these are benefits in which the citizen can be discharged, even after many years, such as disability retirement and sick pay.

“In this case, the reason for guaranteeing the cut after ten years is because this type of benefit can change at any time. Today, with the advancement of medicine, the person who has this benefit can get well, and the benefit loses its reason for be,” he says.

The document published in the Official Gazette also determines that, in cases where there was bad faith in the concession, that is, where there may be irregularities in the release of social security income, the cut can be made at any time.

The resolution also says that there can be no court if the citizen no longer has the documentation that he presented on the date of the grant, more than ten years ago, except in cases where fraud or bad faith is proven.

how is today

By law, the period for reviewing INSS benefits is up to ten years from the granting date. This limit begins to count one month after the first payment of the benefit. Disability benefits can be cut beforehand, when they undergo a review, provided for by law. The same rule applies to BPC.

The rule applies to both the institute and the insured. The exception is provided for in Law 8,213 of 1991, which prohibits cutting off the disability pension when the beneficiary turns 55 years old and has received the benefit for more than 15 years from the date of granting the disability pension or the sickness benefit that came with it. before.

There is yet another norm that prohibits the immediate cutting of the disability benefit. Article 47 of Law 8213 determines that those who receive disability retirement for more than five years and are considered able to return to work after an expert examination cannot have their values ​​cut immediately.

In this case, the insured person will receive the full retirement amount for six months after the cutoff, half of the benefit amount in the following six months and 25% of the benefit for another six months.

What to do to not lose your retirement

When summoned by the INSS for a review, the insured person must respond to the institute’s requests as soon as possible, presenting the documents, if necessary. In cases of disability benefits, it is necessary to schedule a medical examination.

Don’t miss the expertise day. Take medical reports and updated exams that show that the incapacity for work still persists. Those who had a judicial concession must also take a copy of the process to the INSS expert. It is necessary to prove that the insured person is unable to return to the labor market, if this is the case.