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Pensioners For Permanent Disability Can Request a 25% Increase In The INSS Benefit. Find Out Who Is Entitled, How It Works, And How To Apply.
Few people know, but those who receive retirement due to permanent disability — also known as disability retirement — may have the value of their benefit increased. The social security legislation provides for a 25% additional in specific situations. This adjustment is intended for insured individuals who need permanent assistance from another person to perform basic daily activities, such as eating, bathing, or moving around.
This increase can make a difference in the budgets of families dealing with disabling diseases. And the best part: even those who already receive the ceiling of the INSS can exceed it with this additional.
What Is The 25% Additional?
The additional benefit is provided for in Article 45 of Law No. 8,213/1991. It serves as a form of compensation for retirees who, due to the severity of their health condition, require constant care. The goal is to ensure more resources to cover medical expenses, caregivers, or adjustments in daily routines.
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It is important to highlight that the additional is exclusive to retirement due to permanent disability. Those who retired due to age or length of contribution cannot request this right, even if they develop a serious health condition after the benefit has been granted.
In Which Cases Is The Additional Granted?
According to Social Security, the 25% additional may be granted in situations such as:
- Total blindness;
- Paralysis of both arms or both legs;
- Loss of both upper or lower limbs;
- Loss of a leg and an arm, when prosthesis use is not possible;
- Severe neurological diseases that completely limit autonomy;
- Severe psychiatric conditions that require continuous monitoring.
However, this list is not exhaustive. The medical expertise of the INSS assesses each case individually. The central criterion is the proven need for permanent assistance from another person.
Practical Example
Imagine the case of an insured person who retired due to a serious spinal condition. Years later, she receives a diagnosis of a degenerative neurological condition that further compromises her independence. In this situation, if it is proven that she can no longer perform basic activities alone, she may request the 25% increase in her retirement.
How To Request The 25% Additional
The request must be made directly on Meu INSS (government app or official website). The process is simple:
- Access Meu INSS;
- Log in with your gov.br account;
- Click on “Appointments/Requests”;
- Search for the service “Request 25% Increase”;
- Attach medical documents proving the need for permanent assistance;
- Wait for the scheduling of the medical examination.
In the examination, the INSS doctor will evaluate the presented report and the condition of the insured to determine if there is a right to the increase.
Can The Additional Exceed The INSS Ceiling?
Yes. This is an important point: the value of the increase is paid even if the retirement is already at the INSS ceiling. In other words, an insured person who receives the maximum amount will be entitled to an additional 25% over that amount, exceeding the traditional limit.
The 25% increase is paid for as long as the retirement due to permanent disability lasts. That is, it remains valid until the retiree’s death. After death, the amount does not extend to survivor’s pension, and is immediately interrupted.
Court Decisions
In recent years, many retirees have tried to secure this additional benefit in other retirement modalities, such as by age or contribution time. However, in 2020 the Federal Supreme Court (STF) ruled that the additional benefit can only be granted in cases of disability/personal incapacity retirement. This means that, for now, there is no possibility to extend the right to other retirements.
The 25% additional is an important right for those living in situations of great disability. Although little publicized, it can make a significant difference in the lives of retirees and their families. To access it, it is necessary to request the benefit and undergo a medical examination by the INSS.
If you or a family member needs permanent care, it is worth checking the possibility of requesting this additional. After all, it is a resource provided by law that can ensure a better quality of life.
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