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Retirement is an important milestone in the lives of all workers, a moment that signals the conclusion of decades of contribution and effort. For many, the benefit of National Social Security Institute (INSS) becomes the main source of income, allowing them to live in security and dignity.
However, many retirees and pensioners face financial challenges, especially in a scenario of rising costs of living and economic uncertainty. In this context, the question of how to maximize INSS benefits becomes especially relevant.
Whether you are a current retiree, a pension recipient, or someone planning retirement, this article is very helpful in improving your financial security in the future. Stay tuned, read our article and discover how to increase the value of your INSS benefit!
Understanding disability retirement
Disability retirement is a social security benefit granted to workers who, due to illness or accident, are permanently disabled to carry out any type of work activity and who cannot be rehabilitated in another profession.
The granting of this benefit depends on meeting certain requirements. The worker must be contributing regularly to the INSS or, if unemployed, still be in the grace period, which is the time that the INSS still considers the worker as insured after the last contribution.
In the case of by disability retirement, the grace period is 12 monthly contributions, except in cases of accident of any nature or cause and occupational or work-related illness, where there is no grace period requirement.
The inability to work must be permanent. If there is the possibility of recovery or rehabilitation for another activity, the INSS will grant sickness benefit, not disability retirement.
How disability retirement benefits are calculated
For those who started contributing before the reform, the first step is to calculate the benefit salary, which is the simple arithmetic average of the highest contribution salaries corresponding to 80% for the entire contribution period since July 1994.
If the disability is due to an accident of any nature or occupational or work-related illness, the value of the disability pension will be 100% of the benefit salary.
Now, if the disability is caused by any other illness, it is necessary to apply the social security factor to the benefit salary, resulting in the value of the disability retirement. If the contribution started after the reform, the calculation is different.
Disability retirement will be 60% of benefit salary (calculated based on 100% of contribution wages since July 1994) plus 2% for each year of contribution that exceeds 20 years of contribution time for men and 15 years for women.
In the case of retirement due to disability resulting from an accident at work, occupational or work-related illness, the calculation is 100% of the benefit salary.
In all cases, the amount of disability retirement cannot be less than the minimum wage nor greater than the INSS maximum limit.
The increase of 25% in disability retirement
Disability retirement may be increased by an additional 25% if the retiree requires permanent assistance from another person. This additional is known as “Companion Assistance” and it is a right guaranteed by article 45 of Law 8,213/91.
The purpose of this increase is to help cover the additional costs that the retiree may incur if they require constant assistance, whether from a professional caregiver or a family member.
However, it is important to note that the need for assistance from another person must be proven through a medical evaluation carried out by an INSS expert.
The list of conditions that may entitle you to the additional benefit includes, for example, total blindness, loss of nine fingers or more, paralysis of the two upper or lower limbs, illnesses that require continuous stay in bed, among others.
It is worth remembering that, even if the value of the disability pension has already reached the social security ceiling, the increase in 25% can be granted, exceeding this limit.
The request for the increase can be made at any time, not necessarily at the time of granting disability retirement.
It must be requested from the INSS, preferably with the help of a lawyer, who can advise on the best way to proceed to guarantee this right.
My request was denied! What do I do now?
First, it is important to understand the reason for the denial. The INSS decision will be justified and the reason for denial will be explained. It may be that some document is missing or that the medical expert understood that you do not meet the criteria established for granting the increase.
If the INSS denied the request due to lack of evidence, you can gather new documents, reports or exams that prove the need for permanent assistance from another person.
The appeal must be presented to the Social Security Appeals Board within 30 days of becoming aware of the INSS decision.
It can be made by the insured person or by their legal representative and must be substantiated, that is, it must contain arguments against the reasons presented by the INSS for the denial.
After filing the appeal, it is important to monitor the progress of the process. The appeal will be judged and, if the decision is favorable, the INSS will have to include the increase of 25% to your benefit.
If the appeal is also denied, the next step is to file a lawsuit. In this case, it is highly recommended to have the assistance of a lawyer specialized in social security law.
Remembering that the process can be time-consuming, but it is important not to give up. Often, the INSS denies the initial request, but the insured person obtains the increase through the courts. Therefore, if you believe you are entitled to the 25% increase in your disability retirement, fight for it.