Special retirement returned to the center of social security discussions after an important decision by the Federal Supreme Court (STF). By a narrow majority, the ministers understood that the minimum age requirement for special retirement is unconstitutional, rekindling the interest of thousands of workers who worked for years in conditions that were harmful to their health. Priscila Costa Law Firm Disclosure Despite being a known benefit, many Brazilians are still unaware of fundamental rules that can make a difference when requesting retirement. According to social security lawyer Priscila Costa, from Priscila Costa Advocacia, the first step is to understand that each case has its own characteristics. "Workers do not always know that they have special, recognizable periods. They often believe that they still need to work more years when they could already be entitled to more advantageous benefits, or they are unaware of their right to review their retirement", he explains. 1: About special retirement One of the most common mistakes is to believe that the right depends only on the position held or the documentation provided by the employing companies. In practice, the legislation analyzes effective working conditions. "Two professionals with the same role can have different results, depending on the environment in which they worked and the activities they actually performed", says Priscila Costa. 2: Categories Several categories usually fall under the rules of special retirement. Among them are health professionals, security guards, electricians, metalworkers, welders, drivers, gas station attendants and workers exposed to chemical, physical or biological agents. However, it should be noted that the category is not analyzed for recognition of special time, the conditions of the work environment are decisive for bringing forward retirement or reviewing benefits already granted. Priscila Costa Law Firm Disclosure 3: INSS may deny a request Administrative denials almost never mean the absence of rights. There is often a lack of documents, production of documents or a more in-depth and careful analysis of the insured's professional history. It is possible to produce various forms of evidence to recognize special time. 4: PPP is one of the most important documents The Social Security Professional Profile (PPP) is considered one of the main pieces of evidence to prove exposure to harmful agents. In addition to it, the Technical Report on Environmental Working Conditions (LTCAT), witnesses, expertise, borrowed evidence and labor report are also usually used, remembering that the absence of these documents is not an impediment to the recognition of special time. 5. Review of benefits already granted Another relevant aspect is that the judgment may affect not only workers who are still seeking retirement, but also policyholders who already receive social security benefits. Depending on the specific situation, the recognition of special periods previously disregarded may open space for revisions of pensions already granted. More curiosities The best time to retire might not be now? So it is. Another point that is surprising is that not always requesting the benefit immediately is the most advantageous decision. "Retirement granted without planning can generate permanent financial losses. Therefore, it is essential to evaluate the complete scenario before filing the request", warns Priscila Costa. Priscila Costa Law Firm Disclosure Planning remains essential Even with recent changes, specialized guidance continues to be recommended for those who worked exposed to unhealthy or dangerous conditions. "Special retirement is an important right, but it requires individual analysis. Often the challenge is not just having the right, but being able to identify it correctly", concludes Priscila Costa. To find out more Follow Priscila Costa Advocacia's Instagram to find out more. Priscila Sobreira Costa, OAB OAB/SP 263.205