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The insured of the National Institute of Social Security (INSS) who is in line to receive a benefit has rights while awaiting release, as is the case late payment. According to calculations made by the Institute for Social Security Studies (Ieprev), six months of waiting for the credit of INSS benefits can lead to a default of R $ 42,003.55. This, in case the insured is entitled to the INSS 2020 cap, which is R $ 6,101.06.
The INSS beneficiary who has been in the queue for 180 days would have already received the 13th INSS salary in advance. As a result, the Christmas bonus is part of the calculation, that’s what Ieprev member Wagner Souza says.
In the case of the insured who waits longer, 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 initial date, whether for those who request it through Meu INSS or 135 ”, describes Adriane Bramante, president of the Brazilian Institute of Social Security Law (IBDP).
The agency alleges that retroactive payments are made in accordance with Decree 3.048. And even if the insured is informed that he must comply with the requirement, taking additional documentation, the day of payment is counted from the date of the initial claim.
When to seek justice?
Social security lawyers advise that INSS beneficiaries seek justice when the benefit is slow to release.
In general, the legal terms are 45 days, according to social security legislation. Or even 30 days, extendable for the same period, for the administrative process law.
See also: INSS: Proof of life only in 2021, but how is the benefit payment until then?
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