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INSS: STF has already approved the Whole Life Review? Who is entitled?

Many pensioners will soon be able to request the INSS Lifetime Review, a pension recalculation that has already been approved by the STF plenary.

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Many pensioners will soon be able to request the so-called “Whole Life Review” from the INSS, a pension recalculation that has already been approved by the STF plenary. The Federal Supreme Court judged Extraordinary Appeal (RE) No. 1,276,977, which dealt with the appeal and granted the case.

However, the judgment relating to the Court's decision has not yet been published. Therefore, the INSS will await the publication of this ruling to define the next steps to be adopted to carry out the recalculations.

Check out who is entitled and how to request the recalculation that can increase the value of retirement for many Brazilians.

INSS Lifetime Review Guide

Those who already have a case in court can just wait for the verdict, and those who don't yet can ask a Social Security lawyer for a recalculation. It is important to highlight that the deadline for sending the review is ten years from the publication of the new legislation.

What is the purpose of the Whole Life Review? The recalculation allows retirees to include all contributions in the calculation, not just those made after 1994, when the Real plan was introduced. Therefore, many people were unable to calculate the best wages they received before July 1994, resulting in a lower benefit.

Furthermore, the retiree can now take advantage of a more favorable situation and correct INSS errors in calculating benefits, including length of service that was outside the previous count.

Who is entitled to the INSS Lifetime Review?

Will all retirees be able to request a review? No. The rule applies to a specific group. After 11/29/1999, the criteria for analyzing the retirement calculation period changed and started to take as a basis only contribution wages from the month of July 1994.

This means that if you have 10 years of contributions from the month of July 1994 and everything remaining before that date, the INSS, to calculate your retirement, will only use the value of the salaries obtained after the month of July 1994.

So, see who has the right to request a Whole Life Review?

  • INSS retirees who made contributions prior to 7/1994 and who retired after 11/29/1999;
  • Retirees whose largest contributions occurred before 07/1994.

The Lifetime Review is not for all retirees. Therefore, check out some requirements to identify if you are one of these people.

If you don't know if you're eligible, simply contact a social security lawyer and show them your current benefit details. This will then carry out a new social security calculation and tell you whether you are really entitled to the recalculation and whether it will be advantageous.

What documents to forward?

Therefore, if you are eligible, you will need to gather documentation to prove that you can increase your pension. See the necessary documents:

  • Identification document (CNH or RG) and CPF;
  • Proof of address;
  • Letter granting benefits;
  • Calculation of contribution wages for periods prior to July 1994;
  • Calculation of the total value of the recalculation process;
  • Calculation of the contribution period.

How do I check the benefit? The INSS launched the Meu INSS application, which contains identification data and all your benefit information. You can contact INSS customer service by calling 135.

Before making the request, your lawyer will likely consider the following questions:

  • How long have you contributed;
  • What was the contribution period;
  • Since when are you already receiving your pension;
  • The rules were applied when you retired;
  • Federal Court’s understanding of your situation.

How to do the calculation?

It is always recommended to consult a Social Security Lawyer, a professional qualified for this type of analysis. It not only does the calculation, but also determines what rights you have and whether you can file an application.

The work is complex because the contributions date back to before 1994, that is, before the Real Plan. Therefore, you should use another currently valid currency measure to know whether it is worth requesting a review.

Beware of scams

The INSS advises its policyholders to be cautious with contacts by telephone or other channels to offer services or benefits and consult values.

To avoid fraud and scams, pay attention to these tips:

  • Do not share your personal information such as CPF, telephone number, address or benefit number via WhatsApp, schedule a personal consultation with your lawyer;
  • Do not send any photos of documents or personal photos;
  • Never share your password to access gov.br;
  • Do not make deposits, transfers or advance payments.
  • If you suspect a scam, block contact and file a police report.

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About the author  /  Tiago Menger

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