4 out of 10 INSS policyholders are in the BPC queue; see who is entitled

Of every 10 citizens who wait for the granting of the benefit in line with the INSS (National Social Security Institute), 4 of them wait for the BPC (Benefício de Prestação Continuada), which pays a minimum wage (R$ 1,212) to the elderly and people with disabilities. low income.

According to data provided by the institute to Sheet, in the month of July, 1.5 million requests were being analyzed by the agency, awaiting a response. Of the total, 628.6 thousand were requests to have the BPC, which represents 43%. The wait can be as long as a year, depending on the type of benefit requested.

Agreements have been closed by the INSS in an attempt to make the requests flow. However, the pandemic, the administrative and expert strikes and the retirements of civil servants made the queue skyrocket in 2022. About a million citizens are waiting for medical expertise alone.

The last agreement was closed on August 16 with the DPU (Defensoria Pública da União), but there has not been, so far, any practical measure that could speed up the release of benefits, especially for citizens in a situation of social vulnerability.

The objective is to serve precisely the citizens who are waiting for the BPC, allowing the defense units to perform administrative assistance to this public. In practice, however, the initiative still does not work. There is no defense unit available to assist citizens.

“I believe that they signed the agreement and, now, they are going to create the structure. There is a need for an ordinance with the rules”, says Adriane Bramante, president of the IBDP (Brazilian Institute of Social Security Law).

This week, the IBDP received data from the INSS that show non-compliance with another agreement, this time involving the STF (Supreme Federal Court). In November 2020, the institute committed to analyzing, within 90 days, benefits such as retirement. This, however, is twice the legal period of 45 days and has not been complied with.

Average waiting time for benefits

According to Adriane, there are no conditions for the INSS to comply with what was agreed. “It has no server or structure. The INSS has adopted alternative measures, such as the ordinance published in July, which deals with the analysis and automatic deferral of the benefit, with the robotization of benefits.”

Robotization, however, harms policyholders, especially when it is used to deny a claim. “It’s not a bad service when the insured’s documentation is all in order. But if there is any irregularity, he [robô] does not notify the insured for regularization, dismisses it in a summary manner, without the right to present a defense”, says the specialist.

Who is entitled to BPC?

Workers registered in the CadÚnico (Single Registry) who are part of low-income families. For this, the per capita income (per person) must be up to a quarter of the minimum wage, which amounts to R$ 303 this year. It is not necessary to have contributed to Social Security, that is, there is no minimum time requirement.

The benefit is paid to:

• Elderly person aged 65 years and over
• Persons with disabilities, of any age, as long as they undergo an expert examination

Disability can be physical, mental, intellectual or sensory, making it difficult for the citizen to live on a daily basis.

How to apply for BPC

Through the Meu INSS app or website or by phone, at Central 135, from Monday to Saturday, from 7 am to 10 pm. It is necessary to apply for the “Assistance Benefit for the Elderly” or the “Assistance Benefit for Persons with Disabilities”.

The citizen needs to send the documents for analysis or, when scheduling an appointment at a Social Security agency, bring all the documentation that proves the right. You must be registered with CadÚnico.

For those who ask for the benefit to the disabled, an expertise will be scheduled. It is the medical expertise that has delayed the analysis in these cases, says lawyer Adriane Bramante.

If the BPC is rejected, the insured can appeal to the INSS service channels within 30 days after learning of the decision.

The request is denied when:

1. The income per person in the family does not meet the requirements for granting the benefit, making it unnecessary to assess the disability
2. Disability is not proven after the medical and social assessments have been carried out, and income assessment is unnecessary