Metallurgist waits two years to retire by the INSS

Metallurgist Daniel de Souza, 50, has been waiting two and a half years for his special retirement to be released by the INSS (National Social Security Institute). According to him, his request was filed in November 2019, before the pension reform.

The worker says that he already had more than 25 years of unhealthy activity established by the rule in force at the time, but in April 2020, the INSS (National Social Security Institute) denied his request.

Souza says that he worked on the production lines of Mercedes-Benz do Brasil and Volkswagen, where he was exposed to noise of up to 94.4 decibels on a regular and permanent basis, which can guarantee special retirement. This information is included in your PPP (Profile Social Security), a document used to prove working conditions.

The INSS recognized only part of the period in special activity and, therefore, denied the request. In its response to the insured, the institute claimed the existence of “technical reports, forms for exercising activities under special conditions such as the PPP”.

Souza says that, in May 2020, he validated his PPPs and filed an administrative appeal, without a lawyer. In September of the same year, the request was granted and, in May 2021, the document was recognized in e-SisRec (Electronic Resource System). However, until this week, the order had not gone through.

“I have all the documentation, everything filed with the INSS, action provided by the INSS, there’s not much to question, and it’s stopped”, reports Souza.

After contacting the Sheet, the INSS reported that the retirement was granted this Thursday (30). “On the request of Mr. Daniel de Souza, we inform you that the INSS has verified that the insured has enough contribution time to grant retirement for contribution time or special retirement”, says a note from the agency.

As it is the most advantageous retirement, the special benefit was granted. “The payment of the benefit will be retroactive to November 4, 2019. The release of the pension amount is in process. The insured can check details of the process and obtain the granting letter and the benefit payment statement through INSS remote channels [site meu.inss.gov.br, aplicativo para celular Meu INSS e pelo telefone 135]”, adds the agency.

What is the INSS deadline to grant the benefit?

For lawyers specializing in social security law Taís Santos and João Badari, the INSS delay was excessive. Taís says that, according to the Administrative Procedures Law (law 9,784/1999), the INSS has a maximum of 60 days to respond to the benefit request, already considering an extended period.

In order to implement the benefit after granting the benefit, the Social Security Regulation (decree 3048/1999) establishes a period of 45 days, which can be extended for another 45 days. However, after an agreement between the INSS and the MPF (Federal Public Ministry ), approved by the Federal Supreme Court (STF) in February 2021, the period can be longer, up to 90 days.

“Therefore, the INSS has a maximum of 90 days to respond or implement the retirement benefit based on contribution time, which is the case under analysis”, explains Taís.

What are the worker’s rights for the delay of the INSS

The insured who asks for retirement from the INSS is entitled to receive arrears for waiting. This amount is paid from the date of the administrative request. After 45 days, late payment interest is paid. There is also the right to correct the values.

For administrative payments, the correction is made by the INPC (Broad Consumer Price Index). Payment is made by the INSS directly to the insured. Depending on the amount, the accumulated total can be released through PAB (Administrative Benefit Payment).

According to Taís, in cases like Souza, the insured could file a claim for compensation for moral damages in court, with the help of a lawyer. “Proving the moral and material damages, what this delay brought in damage to his life – late bills, payment of interest, everything he had in relation to this delay, if proven in court, the judge can order the INSS to pay compensation for this insured”, he explains.

The insured person who has been in the queue for more than 90 days can also file a writ of mandamus in court, asking the INSS to release the benefit as soon as possible at the post. “The INSS did not meet the legal deadline. It would be possible to file a writ of mandamus, asking to meet the deadline, or even a lawsuit to grant the benefit”, he says.