Documentation locks INSS retirement with special time

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After 23 years working as a boiler operator and another ten years in common activities, Marco Antônio Silva, 52, applied for his retirement from the INSS in 2019. But between resources and new documents, the reader had not yet received the benefit in March 2022, almost three years later.

His benefit was denied because the INSS reported errors in filling out the PPP (Profissiográfica Previdenciário), a mandatory document since 2004 that describes and proves the unhealthiness of the professional activity.

​According to Roberto de Carvalho, president of Ieprev (Institute of Social Security Studies), most requests for special retirement or for pensions that have special time conversion are denied by the INSS due to errors in filling out the PPP, but it is possible to appeal administratively and in justice. Reader Marco Antônio Silva, for example, who presented challenges to the Board of Appeals, complains about the delay of years in payment.

INSS redoes calculation and grants retirement after three years

contacted by Sheetthe INSS reported that it had reviewed Silva’s process and agreed with the Appeals Board’s August 2021 decision, which “recognized as special the periods in which Mr. Marco worked in some companies.”

“INSS agreed with the decision of the Appeals Board and granted Marco’s contribution time pension on March 25, 2022, with retroactive payment to April 15, 2019. The release of the pension amount is in process”, says the organ.

“The insured can obtain the concession letter and the benefit payment statement through the INSS’s remote channels (site meu.inss.gov.br, Meu INSS mobile application and by phone 135)”, informs the INSS.

How to prevent the denial of a benefit due to errors in the PPP

The PPP must be provided by the company with detailed information about the activities performed and what types of harmful effects the professional was exposed to. “It is a form that mixes social security law, labor law, tax law, health and safety at work. For a lawyer, it is already difficult to understand and read the document properly, imagine for the insured who is a layman”, explains Adriane Bramante, president of the IBDP (Brazilian Institute of Social Security Law).

Carvalho says that even employers are often unprepared to fill out the document correctly. “There are few companies that we see that the PPP is correctly filled in according to the social security legislation”, he says.

According to the lawyer, the ideal is to seek the guidance of a specialized advice even before submitting the request to the INSS, to correct errors and avoid resources that may delay the granting of the benefit.

Bramante also suggests that, if he does not have professional help, the insured should at least read the form and verify that the content is consistent with the reality of the work he has performed. In particular, field 14.2, where the company describes the activities and harmful effects to which the worker was exposed.

The lawyer also recalls that only filling out the PPP does not guarantee that the activity is classified as special. “Sometimes he [o segurado] ends up filing the process with the wrong PPP and producing evidence against itself”, he says.

What to do if you are denied benefit by errors in PPP

Those who are denied retirement due to errors in the PPP can file an administrative appeal with the INSS itself or take the matter to court. According to Bramante, most of these benefits are granted by the courts.

The lawyer says that the INSS usually denies benefits based on failures to fill in, while the judicial route discusses the merits of the content in more depth. The correct use and maintenance of PPE (Individual Protection Equipment), for example, is a topic raised in the PPP and that can change the understanding of the degree of insalubrity to which the worker was exposed.

Special retirement before and after retirement

Before the pension reform, in 2019, special retirement did not require a minimum age, only the minimum time of contribution in a special activity. Today, the transition rule requires a minimum score, adding age and special time. As for the definitive rule, for those who do not fit in the transition, there is a minimum age, according to the level of insalubrity.

The reform also ended the possibility of converting years of special activities to common contribution time retirement, at a rate of 1.4 for men and 1.2 for women for most activities. Today it is only possible to make this conversion for jobs performed until November 13, 2019.

before the renovation

In order to have a special retirement, a minimum time of contribution in a special activity was required, depending on the degree of risk:

Low risk: 25 years
Average risk: 20 years
High risk: 15 years

After the pension reform

transition rule by points

  • 86 points + 25 years in low-risk special activity
  • 76 points + 20 years in medium-risk special activity
  • 66 points + 15 years in high-risk special activity

Minimum age rule

  • High risk (workers in underground mines in front of production): 55 years of age + 15 years of contribution in special activity

  • Medium risk (workers in underground mines other than on the production front; exposed to asbestos): 58 years of age + 20 years of contribution to a special activity

  • Low risk (workers exposed to intense noise, very high or very low temperatures, radiation, chemical and biological agents, etc.): 60 years of age + 25 years of contribution in special activity

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