Check who should ask the INSS for retirement review in 2022

Retirees from the INSS (National Social Security Institute) who believe they are receiving a benefit in error can request a review from the social security agency. The period for making an income correction is ten years after the payment of the first benefit.

Whoever had their first retirement or pension paid in December 2011 has until January 2022 to request correction, if there was any failure of the INSS in calculating the benefit. The same rule applies to whoever receives the sick pay.

The insured whose pension or retirement payments started in January 2012 can request a review until February 2022. Those who started receiving the benefit from 2012 onwards need to be aware, because the deadline for correcting the income, in case there is an error, is running out.

There is not, in the INSS or in the Courts, a calendar to make the request for correction of the benefit, but, with the assistance of specialists in Social Security, the Now, created a calendar to help citizens who believe they are receiving a monthly amount lower than they should and do not want to miss the application deadline.

The deadline for requesting the review (ten years), called decadence, is the same in the INSS and in the courts. For most reviews, the worker must apply first at the social security institute.

It is only allowed to go to court after an INSS denial or if the body takes too long to respond and exceeds the legal deadlines for a position on the benefit, which is 45 days, in the case of revisions.

For those who have already exhausted the chances of a hit in the administrative route and are going to the Judiciary, it is necessary to pay attention to the amount of arrears in the cause. Upon proving that the INSS committed an error, the insured is entitled to receive the differences up to five years before the claim. Payment of arrears is made both in INSS and in court reviews.

The deadline, however, can be shorter, in case of submission of a new document, unknown to the institute. For these situations, in which the paperwork was not delivered to the INSS at the time of granting, the review delays start to count from the date of the correction request.

Social security actions for less than 60 minimum wages, which amount to R$ 66,000 this year, are filed at the Special Federal Court. On the other hand, processes whose arrears add up to larger amounts must be filed in the federal social security court and will be paid through court orders.

With the PEC (proposed amendment to the Constitution) of the Precatório, which intends to create a ceiling for the payment of INSS arrears, the deadline for receiving amounts above 60 minimum wages after the judge’s final decision may change.

Currently, the precatório is paid within two years after the judge’s payment order. With the PEC, part of the amount can be released in up to two years and the remaining total to be released in subsequent years, according to the Federal Government Budget.

The PEC has already passed the Chamber of Deputies and now needs to be analyzed and voted on in the Senate. For real, however, the measure must be enacted in a session of the National Congress.

Click here to answer the top 20 questions about INSS revisions

don’t miss the deadline

• The ten-year period for requesting a review from the INSS starts to run on the first day of the month following the beginning of the payment of retirement or death benefit.
• The calculation review is intended for requesting a new analysis of the benefit amount or the considered contribution time, or even for the presentation of new documents

Who has to request the review by 2022 at the latest

Final straight

• Those who started receiving the benefit in October 2011 only have until November 2021 to request the correction
• If the pension started to be paid in November 2011, the deadline for registering the application ends in December of this year

What does the INSS say?

• The deadline for requesting a review of the calculation is ten years, counting from the first day of the month following the receipt of the first pension
• When applicable, the period begins to run from the day on which the insured becomes aware of the decision that definitively rejected the application by the INSS

Which documents to submit

• Documents vary depending on the type of benefit and the error to be corrected
• If the documents had not been presented when the worker applied for the pension, arrears only count from the date of request for review (DPR). In these cases, it is considered that there was a presentation of new elements for the INSS

Examples provided by INSS:

1) If the retiree requests a review to include special time and increase their benefit, they must present the PPP (Professional Social Security Profile)

2) If the insured requests a review to include periods in which there was no payment from the company, he must present the company statement, paychecks, salary changes in the work book and other documents proving that the remunerations were received

Documents to prove remuneration, according to normative instruction 77 of 1/21/2015:

• paycheck or payment receipt for the same period that is intended to be proven, with the identification of the employer and the employee
• financial statement
• contemporary notes on the changes in remuneration contained in the professional card or in the Work and Social Security Card with the professional’s consent
• original or certified copy of the Employee Registration Book or Employee Registration Form sheet, containing the name of the employee, as well as the remuneration notes, with the consent of the insured and accompanied by a signed statement provided by the company and identified by its responsible

Sources: INSS (National Social Security Institute) and social security lawyers