INSS policyholders may receive more than R$40,000 in payment of arrears
Even though they are waiting for the release of benefits from the National Institute of Social Security (INSS), citizens have some rights, including the payment of arrears.
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The value refers to amounts accumulated from the first application or compliance with the requirements for granting the benefit until the first payment.
According to the INSS survey, a six-month wait for the requested benefit to be released could result in R$42,003.55 in arrears. This amount is proportional to the insured's entitlement to the INSS ceiling, recently set at R$6,433.57.
Payment of INSS arrears
As provided for in Decree No. 3,048/99, the payment of INSS arrears is based on the date of the initial request for the calculation of retroactive amounts. This is true even if there are other requirements, such as the submission of additional documentation to be completed later.
According to IEPREV's legal advisor, Wagner Souza, individuals who have been waiting six months for certain social security benefits would receive the equivalent of an advance on their INSS 13th-month salary, plus any arrears. Those who have been on the waiting list for a longer period will be entitled to a proportional 13th-month salary.
"If the benefit entitlement is recognized, payment is due from the date the insured person filed the claim. A receipt with the initial date is always provided, whether for those applying through Meu INSS or 135," says Adriane Bramante, president of the Brazilian Institute of Social Security Law (IBDP).
If there is a delay in the release of INSS benefits, insured individuals can appeal to the courts. According to social security legislation, the time limit for benefit release is up to 45 days. According to the administrative procedure law, the estimated time limit is 30 days, which can be extended for the same period.
