Three months after the publication of constitutional amendment 103, of the pension reform, which changed the rules of retirement in the country, no Brazilian insured has achieved the benefit with the new rules.
The concessions are blocked because, in addition to the queue to analyze requests, the INSS (National Institute of Social Security) systems have not yet been adapted to make the calculation according to the proposed changes.
The queue today has 1.7 million policyholders waiting for a response. Of this total, 1.1 million Brazilians have waited for more than 45 days, the term that the institute has to give satisfaction to the insured, whether positive or negative. The data are from the INSS and are based on the month of January.
According to social security lawyers, the deadlines for the INSS beneficiary to sue the courts have already gone beyond. “There are two deadlines, 45 days and 60 days, and they have all passed,” says Adriane Bramante, president of IBDP (Brazilian Institute of Social Security Law).
For her, the institute’s lack of satisfaction is one of the biggest problems. “I see no satisfaction, no care for the person who is waiting.”
Adriane points out, however, that the Judiciary is a way out, but it may be that the policyholder still has to wait. “As there is no system, we do not know how the Justice will act, but it is a right to seek the concession.”
Lawyer Rômulo Saraiva says that the decision to go to court is personal and should be analyzed on a case-by-case basis. For him, unemployed, elderly and sick people should seek the Judiciary to demand their rights.
“In these cases, I recommend going to court right away. But I have clients who, because they have another source of income, have a greater tolerance. ”
In a note, the INSS says that the retirement concession systems are being adapted by Dataprev and should “be delivered by mid-March”.
According to the note, “especially in 2018, there was an accumulation of benefit requirements pending analysis, which generates monthly impoundment of unanalyzed processes and delay in responding to citizens”. This would have occurred after the implementation of INSS Digital.
The institute also mentions actions developed to reduce waiting time, which today is on average 70 days. Among them are the payment of the productivity bonus, which caused almost one million cases to be completed; the designation of 877 servers for teleworking, which presented an average productivity 108% higher than the servers in presence, and the increase from 3,000 to 7,820 in the number of servers dedicated exclusively to the analysis of benefits.
Late payment | What to do
- The changes in the pension rules completed three months on Thursday (13)
- However, so far, no INSS policyholder across the country has been able to retire
- The reason is that the concessions are stopped, waiting for adjustments in the systems
- Data from the institute for January show that the queue of benefits awaiting analysis reaches 1.7 million
- Of this total, 1.1 million Brazilians have waited for more than 45 days for the concession
Of the total requests, 409,000 are awaiting submission of documents by policyholders, says INSS
What’s being released
According to the institute, the systems are releasing the following benefits:
- Maternity pay
- Sickness benefit
- Imprisonment aid
- BPC, paid to disabled and needy elderly people
- Death pension
- Rural retirement in the amount of the minimum wage
- Pension for children with microcephaly caused by the Zika virus
The main types of retirement are at a standstill:
- By age
- By contribution time
- Of the disabled
- Of teachers
The INSS states that the system for granting pensions should be ready by the middle of March
Justice can be called
Policyholders who are in the INSS queue can file a lawsuit to request the granting of retirement
By law, Justice can be called after 45 days or 60 days of delay by the INSS
For those who requested on November 13, 2019, 60 days have passed
Who should take action
For specialists, the Judiciary must sue who:
- You are unemployed
- There is no other source of income
- You are in a situation of social vulnerability
- Have severe illness
- Has old age
You should wait a little longer:
Policyholders who work or have some other source of income can wait a little longer
Where to go
- The lawsuit is filed according to the amount of arrears, which are the installments not paid since the date of the request
- For processes of up to 60 minimum wages (R $ 62,940 this year), the insured must seek the Federal Special Court
- Higher value lawsuits are filed in federal court by the lawyer
In court, it is not necessary to have a lawyer, but it is recommended
If the INSS appeals, the worker will have only ten days to appoint a defender
Here’s what to write in the application for those seeking the Court without a lawyer:
Hon. mr. dr. federal judge of the Federal Special Court of ___________________
I, (name of the insured), Brazilian, CPF no. (CPF number), with address located at (put address), in the city of __________- SP, come to file the present PREVENTION ACTION OF RETIREMENT CONCESSION, against the NATIONAL INSTITUTE OF SOCIAL INSURANCE – INSS, for the following facts and grounds:
On _________, I filed for retirement with the INSS under number ________________.
The maximum period of 60 days has already been exceeded and, so far, there has been no response.
Considering that there was an initial request for the benefit and that the administrative process did not evolve due to the inoperability of the institute, I have come to request that the application for the concession be considered, since I need the social security income, and that the INSS pay the expenses. installments overdue since the DER and the maturities, with interest and monetary restatement in accordance with the law.
Sao Paulo-SP, _____________________________
Insured’s name and signature
Sources: Adriane Bramante, from IBDP (Brazilian Institute of Social Security Law), Rômulo Saraiva, INSS (National Institute of Social Security) and report