Many people were affected by the prominent request by Minister Nunes Marques on the judgment of the “whole life review” at the Federal Supreme Court (STF). This maneuver consists of removing the possibility of including all social security contributions made throughout working life in the calculation of retirement. This review, then, through the request made by the minister, had a new trial. However, according to some experts, retirees may still be entitled to other reviews.
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In order to get the benefit corrected, it is first necessary to verify whether the calculation of the income was done incorrectly. Afterwards, you must file a request for revision at the INSS and, in case of denial, go to court. However, the deadline for requesting a review is ten years, that is, only those who retired from 2012 to now can apply for a review.
Retirees may be entitled to review the social security ceiling, contribution time, by labor action, on the readjustment of the minimum, the favorable rule, the overdue payment, the unhealthy period, the time as an apprentice and military and the aid.
It is important to highlight some cases in which Justice has recognized the right to review. One of them was retired Maria das Graças de Souza Gomes, 72 years old, who lives in Oswaldo Cruz, in the North Zone of Rio de Janeiro. She retired in July 1990, but had her benefit adjusted at the time when the INSS corrected the social security cap, in the so-called Black Hole period.
According to lawyer Murilo Aith, “prior to the action, the insured person received R$3,090.50. After the decision, the benefit increased to R$6,101.05. That is, an increase of 97.41%”. The lawyer celebrated the arrears of R$295,057.99.
Maria Helena Bezerra dos Santos, 64 years old, resident of Belém, Pará, was entitled to another revision. She retired in 2017 and had her retirement calculated incorrectly. In this sense, her benefit rose from R$ 2,486.07 to R$ 4,932.53. Thus, Maria has R$75,864.33 to receive in arrears.
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