INSS releases retirement for people with disabilities; know how to ask

The retirement of a person with a disability is one of the rights guaranteed to INSS (National Social Security Institute) beneficiaries with different types of disability, which may be physical, mental, intellectual or sensory.

The requirements to apply for this type of benefit are similar to the traditional retirement by age and contribution period. This is because the insured person can choose whether to apply for the retirement of a person with a disability based on age or contribution time. The difference is in the deadlines that need to be respected.

For beneficiaries with disabilities who apply for retirement based on a specific age for this public, the rule is to be 60 years old, if you are a man, and 55 years, if you are a woman, says Adriane Bramante, president of the IBDP (Brazilian Institute of Social Security Law) .

In addition, you must have contributed to the Social Security for 15 years, which gives a minimum of 180 payments. “The difference is that it is necessary to prove the existence of the disability during this contribution period”, explains Adriane.

In traditional retirement, the minimum age rises to 65 years for men and 61 years and six months for women who will retire in 2022 and were already in the labor market when constitutional amendment 103 came into effect in November 2022. 2019. In 2023, minimum age will rise to 62 years for all. In both cases, you must have 180 months of contribution.

Proof of disability during the work period is possible through the presentation of documents such as a work card or contract and medical reports, exams or prescriptions.

In the retirement of the disabled person by contribution time, the degree of disability influences the minimum contribution time required by the INSS. See the rules:

• severe degree: 25 years of contribution for men and 20 years of contribution for women
• Moderate degree: 29 years of contribution for men and 24 years of contribution for women;
• light degree: 33 years of contribution for men and 28 years of contribution for women.

According to lawyer Roberto de Carvalho Santos, president of Ieprev (Institute of Social Security Studies), the INSS medical expert and a social worker are responsible for assessing the degree of disability of the insured for the granting of the benefit.

“For this type of request for retirement, a multiprofessional assessment is carried out. During the expertise, a medical and social assessment is carried out that will define whether the disability is severe, mild or moderate.”

In this process, each professional asks 41 questions and a score is defined for each answer. “In the end, this score is added up and included in a table. Depending on the score, the degree of disability will be defined”, says Adriane.

how to order

The request is made through the My INSS app or website. In this case, you do not need a password. Just click on “New order” on the home page. It is also possible to request the benefit through Central 135, which is open from Monday to Saturday, from 7 am to 10 pm.

What to do for someone who has a password:

1. Access My INSS and click on “Entrar com gov.br”
2. Enter CPF and go to “Continue”; then enter the password and click “Login”
3. Go to “Retirements and CTC and Annuity”
4. The first options are for the retirement of the person with a disability, click on the chosen one and enter the data requested by the system
5. At the end, write down the number that appears on the screen for the order and, if possible, print the page

Reader waits for benefit since 2017

Administrative assistant Lucia Helena Angeli, 60, has been waiting for a response for four years for a request to review the retirement of people with disabilities by age. Coordinating assistant at a school in Rio de Janeiro (RJ), she made the first application in 2017 due to hearing impairment, but her application was denied after undergoing the examination.

Last year, the insured was fired and is currently unemployed waiting for the benefit. In the answer sent by the INSS, Lucia discovered that she did not have the disability considered in the process, despite having medical reports that confirmed her deafness.

In the rejection, the body claimed that the insured had not yet reached the minimum age to apply for retirement. At the time, she was 55 years old and could qualify for the disability retirement rule.

In March 2018, Lucia appealed the denial, which was under analysis. In January 2021, the INSS Appeals Board found that the documents referring to the insured’s medical expertise had not been attached to the process, so the appeal had not yet been analyzed.

A month later, the agency was deactivated and the beneficiary’s documentation had to be transferred. Until then, she awaits an answer. Sought, the INSS has not yet responded to questions from the Sheet.​ “The INSS informs that the case is being investigated”, says a note.

The president of the IBDP advises that, in the event of a delay in the INSS response, the insured should file a complaint with the body’s ombudsman or file a writ of mandamus to expedite the appeal process.

“She can leave the appeal process in progress and enter a new request for retirement. If the second request is successful, the beneficiary starts to receive from that moment onwards and the appeal is in progress”, says Adriane.

In the event that the outcome of the appeal is concluded, the beneficiary will be able to choose the most advantageous benefit.