Português 
Inglês 
Espanhol 
7 min de leitura 
15 comentários 
After 30 Years Of Disability Retirement, 74-Year-Old Electrician In Mogi Mirim Had INSS Benefit Suspended, Is Being Charged More Than R$ 390 Thousand And Depends Only On Lifetime Compensation From The Former Company While The Case Is Under Investigation Without A Defined Deadline, Affecting Medications, Care And Family.
One year ago, retiree Silvio Camilo, 74, a resident of Mogi Mirim, saw his disability retirement paid by the INSS, worth one minimum wage and received for about 30 years, suspended after a review that pointed out monthly payments starting in 1995 as suspicious and registered as if they were salaries.
In February, Silvio was summoned to attend an INSS agency, and three months later received a notice mentioning alleged salary information in his name since 1995, and in November of this year, he underwent another amputation, of his second leg, while the family says they have been waiting since January for the restoration of the benefit and the payment of overdue amounts.
Work Accident With 14 Thousand Volts And Beginning Of Retirement
Silvio worked as an electrician when he suffered a shock of 14 thousand volts while on the job, an accident that led to the amputation of one of his legs and his permanent removal from work.
-
Brazilian city gains industrial hub for 85 companies that is equivalent to 55 football fields.
-
Peugeot and Citroën factory in Argentina cuts production by half and opens a layoff program for more than 2,000 employees after Brazil drastically reduced purchases of Argentine vehicles.
-
A Brazilian city gains a factory worth R$ 300 million with the capacity to process 200 thousand tons of wheat per year, a mill of 660 tons/day, silos for 42 thousand tons, and an industrial area of 276 thousand m².
-
Havan will leave the shopping mall in Blumenau to inaugurate something that the chain has never done before: a megastore in half-timbered style in the Historic Center of the city, which is expected to be completed in May and change the landscape of local retail.
Due to the aftermath, he began receiving disability retirement from the INSS, a benefit that remained for approximately three decades.
In addition to physical limitations, the elderly man deals with diabetes, hypertension, and other health issues, which require constant medical follow-up and continuous use of medications.
The retirement from INSS, along with the amount received from the former company, sustained his treatment.
In November of this year, due to complications caused by diabetes, doctors had to amputate his other leg as well, increasing Silvio’s dependence level and daily care costs, including dressings and home adaptations.
Cut Of INSS Benefit And Charging More Than R$ 390 Thousand
The payment of the retirement benefit was interrupted after INSS identified suspicious records in a benefits review.
Upon analyzing the retiree’s history, the agency understood that the monthly amounts received since 1995 were actually salaries, which would indicate voluntary return to work, a situation incompatible with disability retirement.
In a document sent to the family, the INSS stated that if the regularity of the benefit was not proven, Silvio would have to repay more than R$ 390 thousand.
For the agency, the existence of these salary records meant that the retiree could not continue receiving disability retirement at the same time.
However, the family argues that Social Security is confusing compensation with salary.
According to relatives, the questioned amounts are, in fact, a lifetime indemnity determined by the courts, paid by the company where Silvio worked when he suffered the 14 thousand volts shock.
Family members reported that there was already an attempt to restore the benefit through a preliminary order in court, but the request has not been accepted so far, leaving the elderly man without the INSS retirement and only with the amount paid by the former employer.
Summons, INSS Official Letter And Suspicion Of “Employment Relationship”
According to the family, the first summons for Silvio to attend an INSS agency arrived in February.
In the summons, the retiree was informed that the benefit would undergo analysis in a general review of retirements.
About three months later, the INSS sent an official letter stating that it had found salary information in Silvio’s name since 1995, which, according to the agency, suggested a voluntary return to work.
In the same document, the Social Security asked for proof to demonstrate that there was no irregularity in the receipt of disability retirement.
The text of the letter also indicated that if the situation was not clarified satisfactorily, Silvio could be forced to repay more than R$ 390 thousand to the INSS coffers, an amount corresponding to what would have been improperly paid over the years.
The family claims to have gathered documents and presented clarifications, emphasizing that the questioned money is the result of a court ruling, but even so, the INSS benefit remains suspended and under investigation, with no resolution on whether or not to repay the claimed amounts.
1995 Sentence Guaranteed Lifetime Compensation From The Former Company
The origin of the payments flagged as suspicious by the INSS lies in a lawsuit filed by Silvio after the work accident.
In 1995, the retiree won a case in court, and the ruling determined that the company he was working for pay monthly amounts as compensation until the end of his life.
According to his son, Márcio Camilo de Souza, the judge ordered that the company make the payment as if it were a salary, on a lifetime basis, due to the damages caused by the 14 thousand volts shock.
Thus, Silvio began receiving both the company’s compensation and the disability retirement benefit from the INSS monthly.
For the family, this arrangement has always been transparent and has never prevented the receipt of retirement, precisely because the amount paid by the company has an indemnity nature, not salaries arising from active employment.
The suspicion of irregularity has only emerged now, during the general review conducted by the INSS.
What Lawyers Say About Compensation And INSS Retirement
Lindolfo Ferreira, the lawyer representing Silvio in the case, argues that the elderly man has the right to receive both the disability retirement benefit from the INSS and the monthly compensation from the company.
He emphasizes that the 1995 conviction is a decision in a civil action, of an indemnifying nature, which does not transform the retiree into an employee again.
According to the lawyer, everything that the INSS needs to understand the nature of the amounts is already in the very system of Social Security, including copies of the ruling, documents from the case, and records that prove the indemnifying character of the amount.
For him, it is a significant injustice, especially given Silvio’s advanced age and the two amputations.
Lawyer Cláudia Costa, a specialist in Social Security law, explains that cases like Silvio’s are complex and require careful analysis of the nature of the labor or civil conviction.
If the retiree receives amounts as compensation, these payments can generally be accumulated with social security benefits, such as sickness benefits or disability retirement.
On the other hand, if the deposits are considered by the INSS as remuneration amounts, with characteristics of salary, accumulation is not allowed, as this would indicate that the person is engaged in labor activities, which is incompatible with disability retirement.
The discussion, therefore, revolves around how the agency classifies the amount paid by the company since 1995.
Lack Of INSS Retirement Affects Purchase Of Medications And Daily Care
While the legal discussion is not resolved, the family reports that the suspension of the INSS retirement has caused an immediate financial strain.
Silvio undergoes treatment for diabetes, hypertension, and other health issues, and several medications he uses are not provided by the government, forcing family members to buy them regularly.
Márcio states that, before the cut, the INSS benefit was used precisely to pay a significant portion of these medications, ensuring the continuity of treatment.
Without this income, the family has had to cut expenses, renegotiate bills, and prioritize which medications to buy first, which increases concerns about the retiree’s clinical condition.
In addition to medications, the amputation of the second leg has increased expenses on hygiene materials, dressings, transportation for appointments, and home adaptations.
The family says that since January, they have been waiting for the INSS to resume payment of the retirement and settle the overdue amounts, but so far nothing has been definitively decided.
According to Márcio, seeing his father in this situation, relying on others for almost everything while still facing uncertainty about the benefit has caused sadness and anguish to all family members, who say they feel powerless in the face of the delay in concluding the case analysis.
Official Position Of INSS On The Case
When questioned by EPTV, a Globo TV affiliate, the INSS reported that Silvio Camilo’s benefit is under investigation, due to information regarding an employment relationship in the Social Security system.
However, the agency did not detail deadlines to finalize the process nor clarified whether it will re-evaluate the documentation regarding the indemnifying nature of the payments made by the former company.
Thus, the case remains unresolved: on one side, the INSS interprets the records as salary and sees possible irregularity in the maintenance of disability retirement; on the other side, the family and lawyers argue that it is a recognized lifetime indemnity by Justice in 1995, which could be accumulated with the social security benefit, especially considering the amputation of both legs and the health condition of the retiree.
In your opinion, given the age of 74, the two amputations, and a ruling from 1995 guaranteeing lifetime compensation, should the INSS immediately restore Silvio’s disability retirement while it concludes the investigation of the case?
Revoltante, e absurdo, os advogados dele deveriam tentar entrar em contato com os juízes do antigo processo, advogados, escritório, enfim, bater de frente com o INSS, porque eles estão desrespeitando outras autoridades, uma vez que foi ganho acidente trabalhista indenizatório na qual ele poderia ter morrido .O INSS faz de tudo pra roubar os direitos das pessoas, mas, pra roubar dos contribuintes pra eles mesmos, isso sabem fazer.
O Brasil é movido a roubo pelos próprios órgãos públicos…..que nojo dessa política brasileira.
E os deputados presos, foragidos e de férias nos EUA continuam recebendo seus salários regiamente. Que vergonha!
A aposentadoria do segurado deve restabelecida w mantida sua manutenção até o fim das apurações.
Agora deve ser apresentado na justiça um mandado pedindo este ressarcimento.