Find out what to do if the INSS denies your benefit

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Have you ever had a request denied by the INSS? Among the most denied benefits by the Institute is sickness benefit. This year, for example, some workers had this aid reduced due to a combination of factors, including a new calculation, in which beneficiaries will receive from a new average salary, accounting for all contribution salaries since 1994.

As a result, it currently corresponds to half of what the worker would receive due to disability. If you requested the benefit and had the request denied, see some possibilities to reverse the situation.

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For what reasons are benefits denied?

Having the benefit denied by the INSS may seem like something from another world at the time of the news, but it is much more common than you might think. Among the most denied, we have sickness benefit, pension for death and accident benefit. However, there are ways to reverse the situation.

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Some of the causes for rejection may be related to the lack of the Grace Period, that is, it means that the beneficiary did not make the minimum number of contributions to the INSS to be entitled to the requested benefit, or because of the lack of quality of insured. In this context, the Institute may have understood that the taxpayer does not have coverage due to the absence of contributions.

Fortunately, given the circumstances, there are some ways to reverse the situation and gain your benefit as quickly as possible. Here are some steps to claim your benefit.

Conditions for reversing the denial of your benefit

Once you identify that your benefit has been denied, there are two ways to appeal to the INSS. The first is to seek help from a lawyer, and the second is through the INSS administration. After the denial, there is a period of 30 days to appeal with a written and signed appeal, claiming the reasons why you do not agree with the decision.

The CRPS (Social Security Appeals Council) has 85 days to judge the appeal, however this has not happened in practice. Unfortunately, after a survey, the board stated that the average waiting time has been up to 267 days, almost 9 months. In some cases, the wait can reach 2 years.

It is worth mentioning that one must be very careful in writing, as many of these features are again denied by some slip. Seek help from a professional and remember that there is always a way to turn around.

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