Many people have already had requests denied by the INSS and had to appeal a decision against the municipality. Those who won these decisions and had their claims denied will be entitled to compensation. Due to the delay in implementing a retirement, federal judge Daniel Chiaretti, from the 1st Federal Court of Corumbá, in Mato Grosso do Sul, condemned the INSS to pay a fine of BRL 15,000 for moral damages, in addition to interest and monetary restatement on the late.
Follow the text and learn more about it!
see more
Alert: THIS poisonous plant landed a young man in the hospital
Google develops AI tool to help journalists in…
Read too: Find out if it is possible to receive two simultaneous pensions through the INSS
The insured's situation
Those who requested review of suspended benefits between 1998 and 2000 and had their data judged in 2002, but received transfers again in 2018, may open a new claim for compensation for the wait.
According to the magistrate who granted the cause won for the insured, the delay caused by the INSS caused damage due to the delay and the negative established for the payment of the sum. Thus, the insured is more than entitled to receive compensation for the period that was injured.
How are deadlines given?
According to Law 9749/99, the INSS has up to 30 days to respond to administrative requests for review of benefits. However, this period may be extended up to 60 days, without being able to exceed this limit.
They were established in an agreement between the Federal Government and the Federal Public Prosecutor's Office, requiring maximum compliance with the Law and commitment to the insured.
In this sense, the maximum waiting time is now up to 90 days, depending on the case, with an addition of 10 days after the request arrives at the Time Emergency Analysis Center (Cemer).
After this period, the insured person will be entitled to appeal to the courts and receive the right to compensation. If you were one of these people, seek a lawyer you trust and appeal to the requests. Values can reach R$ 15 thousand.
