INSS will have 30 days to analyze suspicion and unlock benefit

The federal government has established new rules for blocking and suspending the INSS (National Social Security Institute) benefit in cases of suspected irregularities. Now, the benefit is blocked in a precautionary way before the insured defends himself.

Upon receiving the INSS notice, the insured has 30 days to present his defense and documents proving his right to the benefit. The INSS will have 30 days to analyze and decide whether to unblock or suspend the payment.

If the procedural analysis is not completed by the INSS within the deadline, the payment must be automatically unblocked. Unlocking will only be done if the insured has not presented a defense, according to the ordinance published on the 27th of the Official Gazette of the Union.

During the precautionary block, by the new rule, the possibility of appeal is vetoed to the Social Security Appeals Council.

“This is absurd, because the insured finds out after going to the bank to receive it”, says lawyer Adriane Bramante, president of the IBDP (Brazilian Institute of Social Security Law).

If you miss this deadline, the benefit will be immediately blocked, with no possibility of appeal. to the Social Security Appeals Council.

The new procedures are intended to combat multimillion-dollar fraud involving INSS benefits.

Last month, the Federal Police identified a suspected fraud that could reach R$486 million in benefit payments. The operation was supported by the INSS and Febraban (Brazilian Federation of Banks).

According to the director of information technology at the INSS, João Rodrigues da Silva Filho, the INSS is a historical target of fraud, but in recent years, partnerships with various agencies have been intensified to combat it.

Check for irregularities

The INSS looks for basic registration failures in the payrolls. One of the problems that often result in the identification of fraud is cases where the scan shows that the beneficiary’s CPF is not registered in the Federal Revenue’s database. Sometimes it’s a typo that can be easily fixed by the insured.

What to do if your benefit is blocked

• After receiving the notification, the insured has 30 days to schedule an appointment —by phone 135 or on the meu.inss.gov.br website— for assistance at a Social Security agency.
• When appearing at the INSS, the insured must present the requested documentation to request the correction of the failure that generated the summons.
• The INSS will have 30 days to analyze the defense and issue an opinion. If you do not comply with the deadline, you will have to unblock the payment.
• If the INSS decides to suspend the benefit, the insured may appeal to the Board of Appeals and to the Courts.

Stay tuned!

Those who changed their address must update their registration with the INSS. Organize and keep documents that served as a basis for proving the right, such as:

• Workbooks with original notes
• Contribution booklet
• Reports, reports and examinations (for those receiving disability benefits)