Social Security Law
Social Security Law and INSS benefits
Claims denied after the medical examination, benefits terminated earlier than expected, and calculations that do not reflect the full contribution history. MSC Advocacia handles these situations — before the INSS (Brazil’s National Social Security Institute) and in court — and also before the application is filed.
Between the legal requirement and the granting of the benefit lies the evidence.
Access to a social security benefit depends on requirements set by law — insured status, the minimum contribution period, and proof of the situation claimed — and the administrative decision rests on these points. Medical examinations may conclude that there is no incapacity; an ongoing benefit may be terminated earlier than expected; the classification applied by the INSS (Brazil’s National Social Security Institute) does not always match the recorded contribution history. These are distinct scenarios, and each one is addressed through its own route.
The review begins with the administrative decision already issued and the CNIS (National Registry of Social Information) statement, together with the recorded employment relationships and contributions and the medical reports, expert opinions, and test results that support the situation claimed. From there comes the route: a new application, an appeal, or a review before the INSS, or litigation in court. MSC Advocacia organizes the evidence and monitors progress, keeping the insured person informed about what is under discussion at each stage.
Benefits, reviews, and retirement and benefits planning.
Temporary disability benefit
Denials, terminations, and extension requests for the benefit formerly called auxílio-doença (sickness benefit). The review brings together insured status, the minimum contribution period, medical documentation, and what was recorded in the INSS (Brazil’s National Social Security Institute) administrative medical examination.
Permanent disability retirement
Cases in which the limitation on the ability to work appears to be permanent. The review considers the clinical history, the classification given to the benefit, and the documentation required by the INSS at each stage.
Accident benefit and residual injuries
Residual injuries that reduce work capacity following an accident of any kind. The discussion centers on the causal link, the degree of functional impairment, and the technical evidence available.
Maternity pay for urban and rural workers
Administrative and court claims by urban, rural, self-employed, and unemployed women workers. The review examines the employment or insurance relationship, the grace period, and proof of the activity performed.
Retirement and benefits planning before applying
Review of the CNIS (National Registry of Social Information) and the transition rules applicable to the case, identifying periods that may require correction, formal recognition (averbação), or additional proof before the application.
Review of benefits already granted
A check of the calculation and the periods considered in benefits already being paid. The review covers special-condition service time, employment periods not counted, and legal grounds for review that are still within the time limit.
Frequently asked questions about Social Security Law.
An administrative denial does not, in itself, close the matter. The first step is to read the reason recorded in the decision — no incapacity found, minimum contribution period not met, loss of insured status — because each ground calls for a different response. Once that reason, the medical documentation submitted, and the contribution history have been checked, the route is defined: a new application, an administrative appeal, or a lawsuit.
It depends on whether there is a specific legal ground, and the deadline to request it varies with the ground in question and the date the benefit was granted — which is why the benefit date is among the first pieces of information checked. The review focuses on the calculation of the initial monthly benefit, the periods counted, and any missing employment records, to determine whether a review is possible for that benefit.
Yes. Documents are usually sent and guidance meetings held remotely. Some steps, however, require the insured person to be present — such as the medical examination by the INSS (Brazil’s National Social Security Institute) — and the firm indicates in advance which ones they are and what needs to be brought.
Has a benefit been denied or terminated, or do you need to apply?
Stating the benefit sought, the application date, and what the INSS response says shortens the review.