Error in name or CPF can even give compensation to the INSS

Registration errors can block INSS (National Social Security Institute) pension payments and even give the right to compensation in court, depending on the severity.

Failures in records are frequent: in 2022, the TCU (Union Court of Accounts) found 80 million errors in the registration of INSS pensions, which can reduce the value or prevent the granting of the benefit.

Duplicate information can also cause damage, as in the case of Maria Pereira Castro, 81, who received a letter from the INSS in 2020 claiming the existence of two pensions in her name and CPF.

Denis Silva, her representative in requests to the INSS, explains that she has a sister of the same name who lives in another state and receives her pension improperly, using Maria’s CPF.

In September 2020, after contacting the INSS, Maria made a report and says she was surprised to have her benefit cut, while her sister’s, who uses her data, was kept.

“I’ve already opened several calls, I have all her documentation here, registration, the agency where she retired, proof that the CPF being used belongs to Maria here and not from there. I went there twice and it’s INSS error that they don’t know how to solve”, says Silva.

contacted by Sheet, the INSS informed that Maria has a request for reactivation of the benefit in progress and, in order to continue the analysis, requested that she present additional documentation. According to the agency, the necessary documents and information about her request can be consulted on the website gov.br/meuinss, on the Meu INSS app or by calling 135.

“The INSS asks for something every hour, now it asked for her updated birth certificate. I opened a registration to take it out and I’m waiting to see what will happen”, says Silva.

Indemnity of BRL 5,000

There are cases where you have to go to court and wait years for an outcome. On July 6, the TRF-1 (Federal Regional Court of the 1st Region) determined that the INSS and the Union owe compensation to a person whose CPF was unduly linked to a social security benefit. The Union and the INSS appealed.

The plaintiff went to court because, at the time, he was unable to file the income tax return as exempt, as the Federal Revenue database linked his CPF to an INSS insured who earned almost triple his income.

Sought, the Internal Revenue Service and the INSS reported that they do not comment on judicial decisions. The AGU (Advocacy-General of the Union) said that it was notified of the decision and is evaluating possible procedural strategies.

Federal judge Sousa Prudente, rapporteur of the case, considered the error of the INSS to be clear and said that, although there was no effective damage to property, the failure caused serious embarrassment.

The Court also assessed that the citizen tried to resolve the problem administratively, but did not receive a response from the INSS.

“The difficulties faced by the author to solve the problem, after the discovery of the flaw, overcome the mere daily unpleasantness and have the ability to offend his personality right, the offense to the author’s privacy and values ​​of personal and social consideration being demonstrated, which requires the reparation of their moral heritage”, said the rapporteur.

The appeal by the INSS and the Federal Government was unanimously denied, and the Court upheld the conviction to pay compensation for moral damages. The INSS must pay R$4,000, and the Federal Government, R$1,000.

What to do if the INSS pension is not paid?

Roberto de Carvalho Santos, director of Ieprev (Institute of Social Security Studies), says that if there are failures in the payment of the benefit due to duplicity, the first step is to contact the INSS, proving that the person is really the holder of the benefit.

The INSS cannot suspend the benefit without first giving the insured the right of defense. It is possible to resolve the situation in the administrative way with the presentation of the documentation to rectify the registration.

Theodoro Agostinho, a doctor in social security law, says he considers between two and three months a reasonable period to wait for the INSS’s resolution. “Waiting for 90 days and up to 120 days, if not resolved, a complaint must be made to the ombudsman.”

Then you can seek justice. For writs of mandamus it is mandatory to have a lawyer. According to Santos, with him, the Justice will be able to establish a deadline for the INSS to analyze the citizen’s request.

When to file a lawsuit for moral damages?

“After resolving the main situation, it is possible to file another action through a lawyer, an autonomous social security moral damage action proving that the INSS was not effective, that it did not act or did not act in the way expected of a federal agency, with zeal, transparency, celerity and, above all, with efficiency”, affirms Agostinho.

Documents need to be gathered to prove the date of request, time spent waiting for resolution, and any evidence of damages.

Santos says that there are several situations that can characterize moral damage, such as cutting the benefit without guaranteeing the right of defense and delay in responding.

“There is the so-called presumed moral damage, that is, the fact that you have gone through these inconveniences and have failed to receive an elementary amount of money is considered a presumed moral damage”, he explains.

Evidence of credit shake, such as having your name included in the SPC or Serasa, inability to renew the rent, denied credit card are factors that increase moral damage, but there is already the moral damage presumed by the damages.

Agostinho recommends gathering all the evidence: “When it was filed, how long it took, eventually accounts that were overdue, certificates and more, to prove that it also brought moral damage to that person”, he indicates.