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INSS: See the Review of Benefits for This New Group
The method for reviewing INSS benefits will be carried out by the Institute and will cover a specific group of insured people.
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The method for reviewing INSS benefits will be carried out by the Institute and will cover a specific group of insured people. The measure is a lifelong review, where it is possible to update social security values.
Therefore, this feature can guarantee policyholders an extra payment. The process was officially approved by the Federal Supreme Court (STF) at the end of 2022 and allows the user to use the contribution history to recalculate the salary currently paid by the INSS. Learn how this tool works.
What is the INSS benefits review?
It is a popular model among policyholders, the aim of which is to include all periods of contributions to emergency services in the pension calculation.
The Federal Supreme Court allowed this appeal to review INSS benefits for workers who received higher salaries before 1994. This means that those who started contributing after this period or had their salaries reduced after 1994 can also request a lifetime review.
When the Social Security reform took place in November 2019, lifetime review was only allowed for social security calculations from July 1994 onwards, specifically at the beginning of the current plan.
The Whole Life Review is a review thesis that adds all the worker's wages during the contribution to the RMI calculation and not just those after July 1994.
Before EC 103/2019, all INSS insured persons prior to 1999 had benefit payments calculated in accordance with the transitional rule of Law 9,876/99. However, this law introduced two important changes to the calculation:
- It included a definitive calculation rule, that is, the entire contribution period: which is the calculation of the simple arithmetic average of 80% of the highest salaries for the entire contribution period (minimum and ceiling);
- Added transitional rule, i.e. July 1994 wages: adds July 1994 wages and applies PBC minimum divisor rule of 60%.
Therefore, any worker who has received benefits in the following categories since 1999 will be entitled to a lifetime review:
- Retirement by time of contribution;
- By disability retirement;
- Retirement by age;
- Special retirement;
- Death pension;
- Sickness benefit.
What is the benefit of a lifetime review? This type of review of INSS benefits can bring some benefits to policyholders. If the beneficiary decides to appeal to the Federal Court, it is necessary to pay attention to some requirements so that the calculation is advantageous for you.
To do this, look for a social security lawyer who will file a lawsuit in court to begin the process. Furthermore, it is necessary to know that it will not always be possible to conclude that the process will depend on the evidence presented.
Is the whole life review worth it?
Did anyone who reviewed INSS benefits make money from Life Review? In this case, the client should know that lawyers charge a fee to file a lawsuit.
With the approval of the STF review, it is recommended that the calculation be favorable to the insured, considering that the solicitor can only charge for the success of the claim.
When deciding to carry out the review, it is important to clarify the points with the lawyer to understand what will be safer, as at the end of the action there may even be a salary reduction instead of an increase.
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About the author / Tiago Menger
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