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According to data from the Ministry of Social Development (MDS), the operation "comb-fine" conducted by the National Institute of Social Security (INSS) led up to the last month of August more than 934,000 (nine hundred thirty-four thousand) of which 563,000 (five hundred and sixty-three thousand) resulted in the cancellation of social security benefits. According to forecasts, about 1,500,000 (one million five hundred thousand) exam skills will be performed, which will increase the number of canceled benefits.
It is known that there are in this high number of canceled benefits. however, it is clear that many "cuts" have been made indiscriminately, affecting the insured who are actually entitled to them.
In this sense, any insured whose social security benefits were unjustly annulled by the INSS, (19659004) 1) ADMINISTRATIVE INSURANCE
The insured may, to him only, form an administrative appeal to the HSRC, within a maximum period of 30 days from disability pension or sickness benefit. The call must gather medical documents and reports proving the need for benefit.
The CRSS will have 85 days to adjudicate the administrative appeal, but this is not the case in practice. The time limit for review of administrative recourse by the INSS can reach a year or a year and a half, sometimes exceeding the average time of a sentence, in cases where the. Insured chooses to go to court to restore the benefit.
Still, the probability that the INSS denies the restoration of the resource is high because only the minority of cases obtains a favorable decision from the appeal filed by the federal authority (INSS).
2ª) NEW BENEFIT APPLICATION
] The insured, in most cases, after the minimum period of 30 days of cancellation of the benefit, has the possibility to reapply for a pension pension for disability or illness with the INSS.
the administrative remedy, the time required to badess the application for granting a new benefit and decide whether to accept it or not, can reach a year or a year and a half.
It is important to point out that, opting for this alternative,
3ª) FILING A JUDICIAL APPLICATION
This solution has proved to be the fastest and most effective way to restore social security benefits from retirement for disability, and it will not be entitled to receive retroactive amounts at the time of the cancellation of the benefit.
The insured, badisted by a lawyer, can benefit from the immediate reinstatement of his benefit, in addition to being entitled to retroactive social security amounts (which are no longer paid out due the removal of the benefit),
According to statistics, the number of lawsuits against "reductions" of social security benefits quadrupled with the operation "comb fine". "
Counsel: understand and apply INSS procedures to enjoy the benefits of social security
Have you ever thought about everything about INSS from your departure until the request of retirement, and the best, all this in only one weekend ?
is is detailed with everything you need to know master the rules of the INSS the procedures and rules to collect information and to ask benefits to you or anyone you need.Do not waste time, click here and master all about the INSS
Original text via Bruna Manzzatto Advocacia
