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Entering retirement is not always an easy and fast process, even when the worker meets all the requirements of the National Institute of Social Security (INSS) have the right to social security. Although the agency has between 45 and 60 days to analyze and respond to requests, in practice this rarely happens.
The delay in releasing INSS benefits ends up leaving many policyholders without social security income. But what should be done in cases where the institute exceeds the deadline for examining applications? Calm down that explains the Edital Concursos.
What should be done?
An option for workers who have not had their application analyzed within the period stipulated by the INSS is go to court Federal to get the benefit.
In this case, it will be necessary to find a lawyer, since only the professional can request the order. social Security. It is not possible to make this request through the Special Federal Court.
For those who do not know, the order of mandamus exists to guarantee a certain right. In the case of retirement, the judge analyzes the application and decides whether to send the INSS to complete the benefit analysis. If the court order is granted, the worker’s request must be honored immediately.
In some cases, interim decisions requiring the INSS to carry out the analysis are issued within days. That is because the INSS is forced to resolve the case quickly so as not to be sanctioned.
Incorrect information
The INSS warns that the delay in analyzing and granting the benefit can also occur when the insured provides incorrect or mismatched information and when documentation is missing. For this reason, before resorting to justice, it is essential that the worker verify that there is no pending requirement by number 135.
It is worth mentioning that although the agencies are closed due to the new coronavirus pandemic, the INSS created the Exigência Expressa. The service, which runs on the drive thru system, allows the insured to deposit pending documentation in an urn located at the doors of the branches, provided that the date and time are set.
Read more: INSS Drive-thru: Find out how the document delivery system works
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