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The taxpayer of the National Institute of Social Security (INSS) awaiting the concession or review some benefit has some rights. One of them, and the main one, is the retroactive payment for the waiting period, known as INSS arrears. The amount can reach more than R $ 40 thousand.
The Institute for Social Security Studies (Ieprev) indicates that waiting six months to obtain the benefit may result in arrears of R $ 42,003.55. In this case, the calculation was made based on the insured who has the right to receive the INSS roof, From R $ 6,101.06 to 2020.
According to Wagner Souza, a member of Ieprev, the beneficiary who has been on the waiting list for six months this year will also have the right to a retroactivity regarding the 13th salary. That’s because the Christmas bonus was prepaid, so it’s included in the calculation as well. For those who wait longer, the calculation of 13 is proportional.
INSS arrears
Citizens awaiting the granting or review of an INSS benefit can receive the retroactive and / or accrued amount to which they were entitled and, for some reason, did not receive.
“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 ”, explains the president of the Brazilian Institute of Social Security Law (IBDP), Adriane Bramante.
The INSS informs that the payment of arrears is made in accordance with Decree 3.048. Therefore, even when the insured is informed that he needs meet the requirementBy submitting additional documentation, the payment date is counted from the day the initial order was made.
Social security lawyers claim that the taxpayer has the right to go to court if the INSS takes too long to release the benefit. According to the social security legislation, the legal terms are 45 days. The administrative procedures law establishes a term of 30 days, renewable for another 30 days.
See more: Sick Allowance Denied? Learn to dispute the INSS
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