Find out when it is worth appealing against an INSS decision

Whether due to denied benefits or requests for rejected services, the resources are a form in question decisions of the National Institute of Social Security (INSS) considered unfavorable to beneficiaries. But for many, the process is not simple and leaves doubts about how and when this tool can be used.

Orders can be placed both through Central 135 and through Meu INSS, either through the website or through the application (available for free download for Android and iOS). On the platforms, the beneficiary must search for the “Appeal and Review” option and then “Ordinary Appeal”, the first instance of review requests.

Social security educator and head of the Education and Development Division of the INSS in São Paulo, Jefferson Luiz Mendes explains that, from the moment he becomes aware of the rejection of the request, the insured person has a 30 day term to file an appeal.

But the requests are not evaluated by the organ, but by the Social Security Appeals Council (CRPS). The collegiate body is made up of representatives of companies, workers and the federal government.

– If the INSS has already denied it, it is very likely that it will deny it again, after all, it has already evaluated that request. As it goes to another instance, it is a possibility for the citizen to have an evaluation from a different point of view – explained Mendes during the live broadcast of the INSS this Wednesday (the 8th).

Mendes recalls that, first of all, the beneficiary needs to understand the reason for the denial of the request before filing the appeal. As an example, he gives the hypothetical case of a woman who, after losing her husband, files a claim for alimony for herself and her child, as a result of her relationship with her partner. Without proof of the stable union, however, she only has the benefit for the child granted, and she files an appeal so that she has hers released.

– If the partner files an appeal and does not say why, when they arrive at the CRPS, they will understand that the benefit was granted (since the child’s benefit was granted). What is the reason for the appeal then? – he asks.

He explains that, to be more assertive, the insured needs to clearly understand the reason for the denial:

– Understanding the reason for rejection is fundamental and if the person does not understand, it is important to call Central 135, look at the order in My INSS, and from the moment they understand the reason, then they decide whether or not to enter with the resource, and how.

How to appeal? And where to follow?

Mendes also says that the insured person also needs to pay attention to the reasons for the appeal, that is, the arguments that will be used to convince the Council that he is entitled to the benefit or service he is requesting.

– One suggestion we give is, if the person can and succeeds, present these reasons by means of a document. It can be by hand it does not have any kind of rigor or formality. But it’s nice that in that statement or document it is precisely her argument, which will serve as a basis for the CRPS to agree or manifest itself based on what she said – guides.

In the Council, the appeal goes first to the so-called Board of Appeals, considered the first instance of the collegiate, which will evaluate the request and manifest itself.

The procedure can be followed on the consultaprocessos.inss.gov.br website by all persons linked to the process, such as the applicant insured and his lawyer, if applicable. Login is via the Gov.br system.

Appeal x lawsuit

Mendes also explains that, if the beneficiary files an appeal and a lawsuit with the same object, that is, with the same request, the Board of Appeals understands that the insured has waived the administrative progress.

If the beneficiary receives an administratively unfavorable decision, it is still possible to take the case to court, or to the second instance of the CRPS:

– When the Board of Appeals does not grant the insured person’s request, that person can file a new appeal at the Judgment Chamber, which would be the second instance, which is called a special appeal – says: – Only in cases of matter (requests) the Board of Appeals is the first and last instance, and there is no appeal to the Judgment Chamber.

In the event of the death of the holder, the appeal continues to run normally. In case of a favorable decision, what would be destined to the holder goes to the dependents.

Is there always appeal? When is it most advantageous?

The head of the Division of Education and Development of the INSS explains that an appeal can be made for any request for a benefit or service that is rejected or that the body takes an administrative decision that is at odds with the understanding of the beneficiary.

He also reinforces that the appeal makes sense when the insured understands that he has the right to what is being questioned. Therefore, it is important to understand why the request was denied.

– Let’s think of an example of a woman with 62 years of contribution that the INSS has calculated 14 years and 11 months of contribution. Are you going to appeal? No. It is better to wait until you turn 15 and apply again – she exemplifies.

Are amounts paid correctly?

Once the resource is recognized, the Resource Board determines when the benefit is implemented. If the date is retroactive, the beneficiary must immediately receive the monthly amount and then the arrears, with interest and monetary correction.