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National Institute of Social Security (INSS) who are waiting for a benefit to be awarded, they have rights while in the queue. The main one is the payment of arrears.
Considering the calculations made by the Institute for Social Security Studies (Ieprev), the six-month waiting period for an insured who is entitled to receive the INSS ceiling (equivalent to R $ 6,101.06 this year), may result R $ 42,003,55 in arrears.
According to Wagner Souza, a member of Ieprev, the insured who has been on the waiting list for six months this year has the thirteenth place included in the calculation, since he would have received the Christmas bonus in advance. For those who have been waiting longer, the calculation of 13 is proportional.
Payment
According to the INSS, the payment of arrears is made according to decree 3,048. It is worth mentioning that the payment date is counted from the day the initial claim was made, even when the insured is informed that they need to submit additional documentation.
“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 initial date, whether for those who request it through Meu INSS or 135 ”, says Adriane Bramante, from the Brazilian Institute of Social Security Law (IBDP).
The insured can go to court
Social security lawyers point out that if the INSS takes too long to release the benefit, the insured has the right to go to court. According to social security legislation, the legal terms are 45 days. According to the law of administrative procedures, the terms are 30 days, extendable for another 30 days.
See also: Double pay! See who can receive two INSS benefits at the same time
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