INSS OVERDUE AND RETROACTIVE PAYMENTS: HOW DOES IT WORK? WHEN WILL I RECEIVE THE MONEY?

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Published on Mar 25, 2024

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Let's talk about how late and retroactive payments from the National Institute of Social Security (INSS) work in Brazil, addressing the administrative and judicial situations that may occur in the process of receiving these amounts. In the administrative situation, the beneficiary obtains the benefit directly from the INSS, usually after having filed an administrative process with the institution itself, requesting retirement, sickness benefit, among others. If approved, the beneficiary receives a letter of concession, which informs the amount of the benefit and the retroactive amounts due, in addition to instructions on where and how to withdraw the amount. In the judicial situation, this occurs when the INSS denies the benefit request. In this case, the individual must seek a lawyer to file a lawsuit against the INSS. The judicial process involves several steps, including the defense of the INSS, possible medical examinations and, finally, a court ruling that will determine whether the benefit will be granted or not. If the beneficiary wins the case, whether in the administrative or judicial sphere, he or she will be entitled to receive the retroactive amounts, calculated from the date of the request to the date the benefit is granted. The text mentions the importance of understanding how this retroactive calculation is done to ensure that the amount received is correct. This calculation takes into account the period between the date the application is filed and the date the benefit is actually granted, including any 13th salaries due. In addition, the issue of arrears and how they are paid is discussed. If the amount to be received is up to a certain limit (equivalent to 60 minimum wages), it will be paid via Small Value Request (RPV), usually within 60 days. Otherwise, the amount becomes a court order, which has a longer payment term but, because it is considered food money, has a shorter waiting list compared to other government debts. The text also addresses the peculiarities of the administrative process, such as the possibility of denying the benefit in cases where the applicant recovers from an illness during the process or when there is an error when filing the retirement application. In these cases, the INSS may grant the benefit from the date on which the applicant would actually be entitled, even if the initial application was made prematurely. In short, the process of obtaining INSS arrears and retroactive payments is complex and depends on a number of factors, including the type of benefit requested, compliance with legal requirements, and the procedural progress in both the administrative and judicial spheres. Understanding the deadlines, procedures, and rights involved is crucial to ensuring that beneficiaries receive the amounts to which they are entitled correctly and on time. Author: Marcel Sanches OAB 404158/SP Author: Marcel Sanches OAB 404158/SP

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