The INSS has about 30 days to analyze any request for benefit requested by the Brazilian worker. This period is foreseen in the administrative procedures law n°9.787/19999.
Within the 30-day period, the INSS will assess whether the request is true enough to be approved or rejected. However, the Institute has the right to extend the sentence decision for a further 30 days, claiming that it did not carry out a complete assessment of the status of the application.
As this deadline is most often used, applicants cannot count on 30 days to obtain the result. The decision may take longer than expected, according to the assessment.
What this article covers:
What is the deadline for analysis?
The deadline for reviewing the process is 30 calendar days, but it can be extended for another 30 days, if the INSS files a complaint with obvious reasons that it was not possible to evaluate the request in the initial period.
It is important to point out that in most cases, the INSS uses the extension period to give its final decision regarding requests for benefits. The longer time waiting for the results does not make life easier for those who need the benefit, however, the INSS is backed by administrative laws that allow this period to be established.
If the INSS does not meet the deadline, and this may happen, the analysis of the benefit is transferred to a specialized sector, the Unified Central for Compliance with the Emergency Deadline. In this part of the process, the opinion must be given within a maximum of 10 days.
If this deadline is exceeded, the option is to trigger the judicial process. A judge will be able to assess the case as a violation of the INSS deadline and if proven, the order is for immediate sentence of the benefit.
What is the deadline for payment of the benefit?
The same happens with the deadline for payment of the benefit when approved. O INSS has 45 days to make payment to the person with the approved benefit application.
These 45 days can also be extended for another 45 days, that is, a total of 90 days, if the body presents plausible justifications for this purpose. As is common practice, in most requests, payments made by the INSS are made after these 90 days.