INSS has already reviewed more than 57 thousand benefits until May 2024
According to Marly Marçal, a lawyer specializing in social security law, it is important to review the benefits to avoid fraud and maintain the economic and financial health of the social security system. However, she is also concerned about the consequences of this measure.
“Based on the government’s statements, we can already imagine that many benefits will be cut, even if unfairly. People are still disabled and the benefit will be cut. But what the government hopes to do is balance the public accounts so that spending on disability benefits, which has increased significantly after the pandemic, after constitutional amendment 103, can be significantly reduced,” he warns.
A Amendment 103 cited by the expert deals with the possibility of changing the social security system and establishes transitional rules and transitory provisions.
The INSS informs that only specific cases will be referred for medical examination and presentation of documents. Insured individuals who are selected to undergo the check must present medical documents that prove the need to receive sickness benefit.
Public Accounts
Lawyer specializing in social security law André Luiz Moro Bittencourt believes that this review of benefits could have a very significant impact on public accounts.
“There is a certain expense to implement this program. There is an additional payment for experts to carry out these assessments, because it is considered that they are outside the daily work routine. Therefore, there is also an investment to review benefits,” he emphasizes.
According to Bittencourt, people who have their benefit terminated by the administrative authority after the review program can file an administrative appeal to try to reactivate the benefit or also file lawsuits.
“History shows us that in many cases where the benefit is terminated in the review program, the Judiciary ends up raising the need for reactivation. After a judicial expert assessment, it ends up finding that the problems actually persist and that the person was entitled to continue receiving the benefit. So there may be a reduction in the number of benefits at first, with a consequent increase in the sequence with requests for review of the denial or even legal actions seeking to reinstate the benefit,” he observes.
About benefit review
The INSS highlighted that the check will begin in August, but there is still no breakdown by microregion. Reassessments of sickness benefits lasting more than 2 years or that do not have an end date are planned. In a second phase, disability pensions and Continuous Benefit Payments (BPC) will be reassessed.
According to the agency, checks should occur every 2 years. In addition, the INSS maintains a permanent program to monitor benefits. With the documentary analysis of medical absences of up to 180 days, it has already been possible to reduce the waiting list.
Servers on strike
Amid the discussion about checking benefits – a time when more professionals are needed to help reassess payments – INSS employees have gone on an indefinite strike. Their main demands include recognition of the career as essential and the requirement of higher education for the position of social security technician. In addition, the category is asking for compensation for lost wages, professional recognition and better working conditions.
The INSS had already announced in a statement that it is evaluating contingency measures to avoid impacts on the population. According to the statement, the initial assessment of the strike indicates that there was no impact on the INSS system and services.
According to the agency, there are 19,000 active employees on its staff. Another 15,000 are technicians responsible for most of the institution’s services, accompanied by 4,000 analysts. Currently, half of the employees are working remotely, in home offices.
By Brasil 61
