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A request was made to suspend the Whole-Life Review by the National Institute of Social Security (INSS). This request had already been made previously by the agency. However, the application was filed with the Federal Supreme Court (STF) by the Office of the Attorney General of the Union (AGU) with the aim of annulling all review proceedings.
This type of request had already been made by Social Security previously. The payment of adjustments to retirees is being avoided by the INSS. However, the STF established that this review is constitutional, meaning that it is permitted. The institute’s beneficiaries are turning to the courts to try to increase the amount of their retirement benefits.
Initially, people who request the Whole-Life Review may be entitled to receive an increase related to the amounts they receive in retirement. However, this is not done automatically. During the review, all salaries received before 1994 are included in the calculation of retirement benefits.
It is important to note that 1994 was the year the Real Plan was established. To obtain this increase in their retirement benefit, an INSS insured person must file a claim in court. It is essential to have a specialist lawyer by your side in these situations. In addition, the retirement benefit may either increase or decrease.
If a retiree takes the case to court and wins, with no possibility of appeal, the INSS must pay two amounts in total. The first amount refers to the new retirement benefit amount. The second amount corresponds to what the insured person failed to receive from the institute over the past five years.
The INSS initially requested that the Lifetime Review be suspended by the Supreme Federal Court. The date for the Supreme Court to hear the appeal filed by the Office of the Federal Attorney General is not yet known. The Federal Government states that suspending this review is important to ensure greater legal stability for retirees who won their case.
According to some lawyers specializing in social security, the INSS will be treated more strictly by the Supreme Court from now on. This is happening because many Brazilian citizens are suffering losses due to an unfavorable calculation of their retirement benefits.
It is a fact that INSS retirement benefits, pensions, and other benefits may be positively affected by the Whole Life Review. Some issues must be taken into consideration, such as the importance of contacting a specialized lawyer before initiating any legal action.
In addition, an INSS retiree who wishes to request a Whole Life Review must have certain documents on hand. It is necessary to submit the work card, the National Registry of Social Information (CNIS), and the administrative proceeding related to the benefit
It is important to point out that, in the case of a survivor’s pension for an institute retiree, it is necessary to submit
the benefit award letter and a copy of the administrative proceeding. With all the documents in hand, the citizen can submit their request for the Whole Life Review.
The Lifetime Review is a way to review social security benefits by taking into account the entire contribution period of the INSS beneficiary. It is essential to bear in mind that the review covers the period before 1994. The beneficiary may choose the method for calculating their retirement benefit that is more favorable.
To be entitled to the Lifetime Review, the beneficiary must receive or have received social security benefits calculated under Article 3 of Law 9,876/99. They must have made contributions before July 1994. Therefore, these contributions made before the Real Plan are taken into account to obtain an average.
