INSS: CPRS mutirão will release BPC and death pension – 07/19/2023 – Market

The CRPS (Social Security Appeals Council) will start, in August, a task force to judge cases that deal with the right to BPC (Benefit of Continuous Provision) and death pension paid by the INSS (National Institute of Social Security) .

The measure is part of the federal government’s plan to move forward with the queue of requests for social security benefits. This Tuesday (18), a provisional measure installed the Program to Combat the Social Security Queue, which will pay bonuses to administrative servants and medical experts.

The CRPS, the body responsible for judging the appeals of insured persons against INSS denials, currently has a stock of 1 million pending claims. Of the total, 860,000 are awaiting trial and 140,000 are waiting for an expert medical examination.

The mutirão was determined by means of an ordinance by the Social Security Council, published on July 12th. According to the document, actions to reduce the queue will take place over four months, from August to November.

In August and September, appeals dealing with pension for death will be judged. Currently, there are 37,800 cases of this type in the CRPS.

In October and November, it will be the turn of the BPC, a benefit granted to low-income elderly and disabled people. In this case, appeals from the elderly will be judged, which add up to 28,600 cases in the council.

According to the ordinance, each counselor of the so-called judging units must rule, in the months corresponding to this extraordinary action, a minimum of 93 death pension processes and 68 of BPCs for the elderly. In addition, all pension and BPC processes for the elderly should be scheduled for trial by December of this year.

The queue has bothered President Lula and has become the target of criticism

The INSS benefit queue today has 1.794 million policyholders waiting for a response. If the request is denied after initial analysis, the citizen appeals to the appeals council. The queue has bothered President Luiz Inácio Lula da Silva (PT).

In live on Tuesday (11), during the Conversation with the President program, Lula addressed the subject. “I want to know if the queue is because there is no money to pay retirees, that’s why it takes so long. Bolsonaro did this in the last government. I want to know if it’s a lack of employees”, she said.

“There is no explanation, other than ‘I can’t retire because I don’t have the money to pay’. If that’s the case, you have to be very honest with the people and say why there is this queue. If it’s a lack of employees, the we have to hire an employee. If it’s a lack of competence, we have to replace those who don’t have competence,” said the President of the Republic.

For Adriane Bramante, president of the IBDP (Brazilian Institute of Social Security Law), the actions demonstrate a possibility of advancing the queues. “We hope that these actions, along with others, can help reduce the queue”, he says.

WHO HAS THE RIGHT TO BPC

Workers enrolled in CadÚnico (Cadastro Único) who are part of a low-income family can receive the BPC. For this, the per capita income (per person) must be up to a quarter of the minimum wage, which is R$ 330 this year. It is not necessary to have contributed to Social Security, that is, there is no minimum time requirement.

The benefit is paid to:

• Elderly person aged 65 and over
• Disabled person of any age

Disability can be physical, mental, intellectual or sensory, making everyday life difficult for citizens. In the case of those who apply for the BPC due to a disability, it is necessary to undergo an expert examination.

Pension for death changed with the pension reform

After the 2019 pension reform, the calculation of the death pension changed. Under the rule, those who become widowed are entitled to receive 50% of the benefit of the insured person who died, if retired, or of the disability retirement to which the insured person would be entitled, plus 10% for each dependent, up to a limit of 100%.

A widow without children, for example, is considered dependent on the insured person and, therefore, receives a minimum amount of 60% on the pension of the insured person who died or his disability retirement, for deaths from November 2019, when the reform took effect.

The rule was questioned by Contar (National Confederation of Salaried Workers and Rural Salaried Women) at the STF (Federal Supreme Court), at ADI (Direct Action of Unconstitutionality) 7051. The STF decided that the calculation that reduces the pension is constitutional.

Who is entitled to the death benefit

• The death pension is a benefit paid to the dependents of the insured person who died, who can be a spouse or partner, children, stepchildren and/or parents.
• Benefit payment is temporary, depending on the age of the widower or widower on the date of death
• Furthermore, if the marriage or stable union was less than two years old, the pension is only paid for four months.
• It is also necessary to prove the lack of 18 months of contributions from the insured person who died and 24 months from the marriage/union to have the pension
• If the death occurs due to an accident of any nature, the lack of contributions and the duration of the marriage/union does not apply

The following may be considered dependents:

1. Spouse or partner
2. Children and stepchildren under the age of 21 or disabled, as long as they have not been emancipated
3. Parents, provided economic dependence is proven
4. Non-emancipated siblings, under 21 or disabled

Insured people living in a stable union need to prove the minimum union of two years, with documents that prove the life in common. The main one is the stable union certificate.