According to experts, around 80% of pensioners can file a lawsuit against ANSES due to incorrect calculation of pension adjustments.
12/23/2025 – 08:50
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Recently, many pension lawyers have been warning that the formula used by ANSES to calculate pensions is flawed. Specifically, it is assumed that 80% of current retirees can take legal action to adjust their salaries.
ANSWER: How to recognize an incorrect pension payment
Some signs of faulty charging include:
- Unexplained differences in the monthly amount without any change in the beneficiary’s situation
- Sudden suspension of payments without official notification
- Amounts lower than calculated based on historical contributions
- The lack of properly applied mobility is increasing
- Billing errors due to incorrect premium calculation
- Incorrect payment date resulting in accumulated differences
- Incorrect application of the pension mobility formula
- No recognition of valid working hours
ANSES Readjustment Claim: Steps to Initiate the Legal Proceedings
Previous review: It is advisable to do a calculation in advance with a pension lawyer to determine whether the current salary is significantly less than the relevant amount (typically if it is less than half the average of the last 120 active salaries).
Suit: As soon as the legal proceedings are opened, the lawyer initiates the action in the social security courts.
ANSES Retirement Readjustment Study: Requirements and Documentation
To formalize the claim, the following are generally required:
- Updated ID card (front and back).
- Current receipts for salaries received.
- CUIL certificate.
- Power of attorney for a lawyer to act on behalf of the pensioner.
Special features of the ANSES readjustment experiments
New attempts: Anyone who has already won in a previous case but whose salary is again outdated (e.g. retired before 2018) can make a new claim.
Collection conditions: Once the final decision is made, ANSES has a statutory period of 120 working days to make the payment.
Estimated Duration: The entire process usually takes between 3 and 4 years until the final verdict is reached.
Status query: You can track the progress of your file via My ANSES in the File Advice section.
How much will the ANSES minimum retirement benefit increase in January 2026?
The minimum pension paid by ANSES is $349,303.33 in January 2026, after applying an increase of 2.47%, corresponding to the change in the Consumer Price Index (CPI) in November 2025.
The adjustment is part of the monthly mobility program in force since April 2024, which updates salaries based on inflation recorded two months previously.
This mechanism was introduced by Decree 274/2024, which replaced the quarterly mobility formula and provided for automatic monthly increases for pensions, pensions and social benefits, with the aim of making the incomes of the social security system more predictable.
An extraordinary bonus of $70,000 will be added to the base amount of the minimum pension for January 2026. Therefore, those receiving the minimum pension would reach a total income of $419,303.33 in the first month of 2026.
This surcharge also applies to other smaller benefits, such as the Universal Pension for the Elderly (PUAM) and non-contributory pensions, strengthening the income of the most vulnerable parts of the pension system.
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