Chamber approves text that changes analyzes and rules for INSS benefits

The plenary of the Chamber of Deputies approved, this Tuesday (2), with changes, a Provisional Measure (MP) that promotes a series of changes in analyzes and rules for the granting of benefits by the National Institute of Social Security (INSS).

One of the points provides for the possibility of waiving a conclusive opinion of the federal medical expert regarding the incapacity to work for the request of the sickness benefit – benefit for temporary incapacity.

In this case, the granting of the benefit can be done through document analysis, such as medical certificates or reports, carried out by the INSS, according to the text.

The processing of some appeals is also modified so that they are filed directly with the Social Security Appeals Council, which will issue an automatic electronic notification for the INSS to review, within a maximum period of 30 days, the administrative decision.

The government’s intention with the measures is to reduce the INSS queue and rationalize the flow of administrative resources from Social Security, informed the Executive.

The text also allows that the evaluation of people who are receiving assistance for temporary disability, accident assistance or retirement due to permanent disability, in addition to invalid pensioners, whose benefits have been granted judicially or administratively, can be carried out remotely or by document analysis. .

An act of the Ministry of Labor and Welfare shall deal with the hypotheses of replacing an in-person expert examination with a remote examination, as well as the conditions and limitations for its performance.

The text establishes that the accident aid insured will be subject to periodic reviews to verify their condition. This is because, according to the federal government, “the evolution of medicine has shown that, more and more, injuries that are considered definitive end up, in the future, being the object of recovery”.

The government estimates that the revision of the accident aid will lead to a reduction in expenses of BRL 416.6 million in 2022, BRL 1,790.3 million in 2023 and BRL 1,855.8 million in 2024.

The insured persons mentioned above are obliged, under penalty of suspension of the benefit, to submit to:

  • Medical examination by Social Security to assess the conditions that led to its granting or maintenance;
  • Professional rehabilitation process prescribed and funded by her;
  • Treatment provided free of charge, except surgery and blood transfusion, which are optional.

As for the Continuous Cash Benefit (BPC) — a monthly minimum wage for people with disabilities and the elderly aged 65 or over who prove that they do not have the means to provide for themselves or to be provided for by their family — the text approved by the plenary allows that the INSS can enter into partnerships to carry out the social assessment, under the supervision of the municipality’s social service.

The opposition criticized the measure and assessed that this permission could lead to an outsourcing of services.

The text also establishes more rules on inclusion aid. It establishes that, by requesting this aid, the beneficiary will authorize the suspension of the BPC. It is also determined that the inclusion aid will be granted automatically by the INSS if the accumulation of BPC with the exercise of remunerated activity is verified. This was another point criticized by the opposition.

In this case, the inclusion allowance will be due from the first day of the competence in which the occurrence of this accumulation was identified, and the holder must be notified about the change in the benefit and its administrative consequences.

The text approved by the federal deputies still deals with measures related to the General Social Welfare Regime Fund and incentives for carrying out more expertise in service units.

The matter goes to the Senate for review.

Source: CNN Brasil

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