The worker who is in the INSS (National Social Security Institute) queue is entitled to receive arrears in the first benefit payment, which are the amounts due since the retirement request.
The Ieprev (Institute of Social Security Studies) calculated how much the worker can receive in arrears if he waits for two to six months to pay. The amounts vary according to the value of the pension granted, with monetary correction for inflation measured by the INPC (National Consumer Price Index), in addition to interest for delay, when the wait exceeds the defined deadlines.
The waiting list for INSS benefits accumulated 1.8 million requests in November. The INSS did not report how many Brazilians are currently in the queue waiting for retirement and other benefits until the publication of this report.
For a six-month wait (counted from August 2021), arrears can reach R$ 40,148.94 in the case of an insured person who had a pension under the INSS ceiling valid in 2021, when the benefit was requested.
An agreement reached between the government and the MPF (Federal Public Ministry) and approved by the STF (Federal Supreme Court), valid since June 2021, established that the INSS may take 90 days to analyze pension requests. There are still ten more days to process the request, totaling one hundred days. After this period, the INSS is obliged to pay the arrears with interest, in addition to monetary correction.
According to Souza, for retirements by age and by time of contribution, the interest counts from one hundred days of waiting. “It has an ordinary term of 90 days. If it is exceeded, the process must be transferred to Cemer, which is the Unified Center for Emergency Term Compliance, which has another ten days to grant the benefit without paying interest. days of delay from the request, the installments will be updated by interest, even if the benefit is proportionally due in some month”, he says.
If the INSS exceeds the deadlines, there is the option of going to court with a writ of mandamus, which is an instrument used for the Judiciary to order the INSS to analyze that request as quickly as possible. That is, the Court will not assess whether there is a right to the benefit.
Payment of the first pension and arrears due is made into a bank account created specifically for this purpose. “Before, the insured could indicate his bank account so that the deposit could be made directly into it. Today, this possibility is no longer available.” According to the specialist, if the insured person wants to receive the pension in the account that he is already used to handling, in the first payment he must go to the agency specified by the INSS in the granting of the benefit to ask for the change of the retirement destination account.
See all INSS deadlines
benefit type | ordinary term | Deadline for conclusion by Cemer |
Assistance benefit for people with disabilities | 90 days | 10 days |
Elderly care benefit | 90 days | 10 days |
Retirement (except for disability) | 90 days | 10 days |
Retirement due to common and accidental disability | 45 days | 10 days |
Maternity pay | 30 days | 10 days |
pension for death | 60 days | 10 days |
Reclusion allowance | 60 days | 10 days |
Common illness and work accident benefit | 45 days | 10 days |
accident assistance | 60 days | 10 days |
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