INSS changes system for lifetime review, but has no date to pay correction

The INSS (National Institute of Social Security) admitted, this Monday (9), to have created the option “Revisão da Vida Toda” in its online service Meu INSS. The new tool generated an alert to the possibility of the federal social security agency granting the correction administratively, without the retiree needing to go to court.

Recently approved by the STF (Federal Supreme Court), the lifetime review includes contributions made before 1994 in the calculation of retirement benefits and pensions, benefiting those who had higher contributions before the start of the Real Plan. So far, the correction would only have a way through the courts.

THE Sheet the INSS states that it is still waiting for the publication of the judgment to identify which measures it will adopt in the revisions.

“However, just with the intention of giving specific treatment to this demand at the right time, the INSS created the “Revisão da Vida Toda” option, differentiating it from other reviews without implying administrative recognition. These requests will still have to wait for a position from the STF and the INSS Attorney’s Office”, says the institute.

For the IBDP (Brazilian Institute of Social Security Law), it was just a way of separating the requests for review to have statistics. The institute of lawyers recommends caution.

“Despite the convenience of finding the path for the review by accessing the website, entering the CPF and the gov.br password and navigating to ‘Appeal and Revision’, the IBDP advises beneficiaries of the risks of the request without professional follow-up, such as the reduction of retirement values ​​when finding error, benefiting the autarchy”, he says, in a note.

“The ideal is to look for a pension specialist to make sure that the whole life review is advantageous, as it is not for everyone”, says Joseane Zanardi, coordinator of the IBDP.

“It is necessary to be careful, because when requesting an administrative review through the website or application, there is a warning that, if any error is verified by the INSS, the retirement amount can be revised and eventually reduced, even if it is not part of of the review request”, he says.

Who can ask for a lifetime review

With the exception of maternity pay, all other social security payments are reviewable. The fix in question, however, targets a specific audience.

To apply for a lifetime review, the INSS beneficiary must meet certain requirements:

• The first aid, retirement or pension payment occurred less than ten years ago
• Having retired from November 29, 1999 to November 13, 2019, under the rules prior to the Social Security reform
• Prove that the best salaries were prior to July 1994, when the Real Plan came into force
• Make the calculation with an expert to find out if the income considering all contribution wages will be more advantageous

The essential thing to be entitled to correction is for the insured person to have relevant contributions (in quantity and amounts) before July 1994 or few contributions after July 1994. These contributions will be included in the calculation of the benefit, which may even be left without the application of the minimum divisor in pensions.

The administrative request for a lifetime review is not mandatory, there is no internal norm at the INSS. “Furthermore, in the trial by the STF, the issue was not the subject of a decision. Therefore, it is strange to include this administrative request for a review that cannot be carried out by the INSS servers, precisely due to the lack of a norm that authorizes them” , explains Zanardi.

Precautions before asking for correction

1. Check from when the contribution wages appear in your Cnis (National Social Information Register)—generally from 01/1982
2. Request inclusion of contribution wages from the first job (in the case of formal employment) or the first contribution paid to the INSS (in the case of self-employed)
3. Check whether all contribution wages, from the first day of employment/social security payment, even after 07/1994 until the month immediately preceding the benefit protocol to be reviewed, are included in the basic calculation period and whether they are correct
4. Check if the contribution time considered by the INSS is already registered with the Cnis, as there are often documents that are only found in the administrative process, such as certificates of specific regimes, military certificate and minor apprentice
5. Submit to recalculation in advance, to determine whether there is economic benefit in favor of the insured
6. When verifying that there are errors in the contribution wages from the reanalysis, it is important to adopt some measures:

• Separate the documentation that proves your contribution wages prior to 07/1994: pay statements, paychecks
• In the absence of these receipts, obtain an FGTS statement or even the Rais/Caged ratio
• If possible, make contact with the employer at the time and request a list of contribution salaries, a financial statement or a copy of the employee registration form (the latter, provided that they contain, month by month, all salary amounts).
• In the case of self-employed contributors, domestic workers, businessmen and optional contributors who contributed before 12/1984, these contributions may also not be found at the Cnis, as they are on microfiche. The insured must have access to this document through the INSS to make the correct calculation

Heads up! Check that the server has not already placed these microfiche in the concession process, hence the importance of having access to the entire process to be able to redo the calculations.

According to the IBDP, analyzing the entire process allows finding other errors in the concession that are not necessarily the use of contributions prior to July 1994.