Ask 15 questions about revisions to increase retirement – 11/20/2021 – Grana

Retirees from the INSS (National Social Security Institute) are entitled to have their income corrected, if the calculation of the benefit was wrong or any contribution was not accounted for.

The request for review, however, must occur within the first ten years of payment of the benefit. After this period, the insured loses the right to request a review in most cases.

“The revision of the ceilings, the black hole, the green hole and the first readjustment are the exceptions to decay”, says lawyer Carolina Centeno.

To find out if they are entitled to a review, the retiree’s first step is to check the letter of granting their benefit. Some, like lifelong ones, can only be requested in court.

“Many revisions can be identified when the insured’s contribution time is greater than the time that the INSS calculated or when there are better salaries than at the time or if a worse rule was applied to another that the insured was entitled to”, he says the lawyer Priscila Arraes Reino.

Although the insured may request an administrative review, through the Meu INSS or telephone 135, it is recommended to consult a lawyer specializing in social security legislation and calculation in order not to run the risk of having a reduction in income.

Upon requesting any review, the insured is subject to a new analysis by the INSS throughout the pension granting process.

“As a general rule, it is not enough to simply request a review due to the fact that you did not like the value, it is necessary to point out the cause of the error and, when possible, gather pertinent evidence”, says lawyer Átila Abella.

“Retiring has become so technical and complex that doing it all yourself can be expensive,” warns Abella.
PEC of Precatório

Under discussion in the Senate, the PEC dos Precatórios may delay the payment of review processes that pay more than 60 minimum wages in arrears. The proposal will not change the right to INSS arrears or revisions.

Answers to the main questions

1 – Until when can I request the correction of my benefit?

  • The term for the insured to review the act of granting the benefit is ten years (current wording of art. 103-A, of Law 8.213/91)
  • The ten-year period generally applies to all revisions, but there are exceptions

Attention!

  • The start date of the statute of limitations is the 1st day of the month following the first payment
  • It is important not to confuse decadence with prescription, which is the impossibility of charging late/overdue installments of the benefit with a term exceeding five years

Check the revisions in which the statute of limitations applies:

● Review of the best DIB (Benefit Start Date)
● Review of ORTN-OTN
● Lifetime or Lifetime Review
● Review of article 29, item II, of Law 8.213/91
● Review of accident allowance and supplementary allowance in the calculation of RMI
● February 1994 IRSM Review
● Best benefit review
● Review of special length of service recognition
● Review of concomitant activities
● Review of concurrent salaries
● Reaffirmation of the DER (Date of Application Entry)

2 – How do I find out if there is any error to get the review?

  • The first step is to look at the benefit grant letter.
  • The document contains the amount of time of contribution, the salary list and the rule used by the INSS

Tip: Many revisions can be identified when the contribution time that the insured would have is greater than the time that the INSS calculated or when there are lower salaries than those received at the time, or when a worse rule was applied than the one that the insured would have right

  • Some reviews, even looking at the letter, need an expert to check their feasibility, such as the lifetime review

3 – What has changed in the review rules after the Social Security reform?

  • There were no changes in the review rules, but there are review theses that have fallen or no longer make sense with the reform
  • For example, life review is not allowed by the reform. The revision of the best date has already been incorporated and is currently used by the INSS in the reform rules

4 – How do I apply to the INSS?

Through the portal meu.inss.gov.br or by phone 135

5 – Which documents does the INSS accept in the review?

It depends on the type of review. See examples:

  • CTPS (working card)
  • PPP, LTCAT forms to prove special time
  • Documents that may settle any pending Cnis (paychecks, FGTS extract, Self-employed Payment Receipt, Articles of Incorporation, declaration of employment relationship)

6 – Do I need to explain why I’m asking for the review or does the INSS already know where the error is?

  • It is essential to substantiate the request for review, called the reasons for the request.
  • The INSS has a high workload, so there’s nothing better than indicating where the error is
  • The collection of documents and a well-written statement of reasons are essential for a successful application.
  • It is always recommended to look for a lawyer specialized in the area.

7 – What do I write when placing my order online? And if I do it over the phone, how is it?

  • On the internet, just fill in the form on the Meu INSS website and send the minimum scanned documentation
  • It is possible to file a petition detailing your request, in the form itself.
  • On the phone, scheduling is simple, but sending the documentation is still done at a later time, when the INSS requests the documents

8 – What revisions does the INSS accept?

  • Any review that involves documents to include contribution time and/or retirement wages
  • For example: CTPS time not taken into account, paychecks proving higher wages, PPP for special time recognition, rural time recognition
  • Other revisions, better known as theses, such as the lifetime review, review of concomitant periods are only discussed in court.

9 – If there is an error, does the INSS review my benefit without my asking?

  • The INSS can review the benefits it grants when it finds an error in the grant, including when it finds an error that harms the insured
  • However, there are limits to this: if it causes harm, the INSS must notify the insured in advance, open a term of defense and follow the rites determined by law
  • In addition, unless proven bad faith (fraud, bribery, use of false documents), the period for this is ten years

10 – How do I receive the money from late payments?

  • In the case of an administrative review, the INSS makes payments through the banking network, as it regularly happens when receiving the monthly retirement salary
  • If it is judicial, the receipt of arrears will occur through RPVs (payment requests) or court orders (for accumulated amounts above 60 minimum wages), and will be deposited in an account at Caixa or at Banco do Brasil

11 – Is it true that the INSS can reduce my benefit after the review?

Yes. When requesting any review, the insured is subject to a new analysis by the INSS, which can generate a reduction in the RMI value of the benefit already earned, so it is important to seek help from a professional to make sure that there is a right to one increase in income

12 – Will the PEC of Precatório affect the INSS reviews? What can happen?

  • Precatório are payment orders that the Judiciary power sends to the Executive (and here it includes its structures such as the INSS) to comply with court decisions that have already been definitively judged
  • The proposed amendment to the Constitution alters the deadlines and the form of payment of arrears in the judicial sphere, but does not alter the right to INSS arrears or revisions

13 – Does every review have a ten-year deadline or is there one that can be requested after the deadline?

There are exceptions:

  • Review of the ceilings, which is a readjustment of the benefit salary to the higher ceilings defined by ECs 20/1998 and 41/2003
  • Black Hole Review
  • Review of the first adjustment

14 – What is the difference between review and appeal?

  • administrative resource is a request by the insured to see an INSS decision re-examined by a higher body, the Social Security Appeals Board.
  • The appeal must be made within 30 days of the term of knowledge that the insured has made of the INSS decision and the request is analyzed by the higher body
  • Revision is the reassessment of the documents of a benefit by the INSS itself, either at the request of the insured or by error of the INSS
  • The deadline for submitting a review is ten years from the first payment made or 30 days after becoming aware of the denial of the benefit.

Stay tuned: if denied by the INSS, the review generates the right to make an administrative appeal

15 – Can the INSS refuse to review my benefit?

No. The Federal Constitution guarantees the right to petition to any and all public bodies, including the INSS
The INSS can, at most, set a deadline for submitting correct documents (compliance with requirements)

Sources: lawyers Carolina Centeno and Priscila Arraes Reino, from the firm Arraes & Centeno

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