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The beneficiary waiting in line to receive a benefit from the INSS has some rights while waiting for the grant. One of them, and the main one, is the payment of arrears.
According to calculations made by the Institute for Social Security Studies (Ieprev), they reveal that waiting six months to obtain the benefit can result in arrears of R $ 42,003.55 in the case of the insured who is entitled to receive the INSS ceiling , of R $ 6,101.06 this year.
According to Wagner Souza, member of Ieprev, this year, the insured who has been on the waiting list for six months would have received the 13th in advance and, therefore, the Christmas bonus is also included in the calculation. For the insured who has been waiting the longest, the calculation of 13 is proportional.
“If the right to the benefit is recognized, the payment is due from the date the insured presented the claim. There is always a receipt with the start date, whether for those who request it through Meu INSS or 135 ”, says Adriane Bramante, from the IBDP (Brazilian Institute of Social Security Law).
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The INSS informs that the payment of retroactive amounts is made in accordance with Decree 3.048 and, even when the insured is informed that he must comply with the requirement, presenting complementary documentation, the payment date is counted from the day the payment was made. order. initial.
The insured can go to court due to the delay
Social security lawyers report that the insured has the right to go to court if the INSS takes too long to release the benefit. The legal terms are 45 days, according to the social security legislation, or 30 days extendable for another 30, according to the administrative process law.
See also: Emergency subsidy of R $ 1,045 can be released in the INSS
