What What does "rejected" mean at the INSS? Understand how it works and what to do to resolve it!

One of the moments many look forward to is retirement, when, after years of working, they begin receiving monthly benefits from the INSS (National Institute of Social Security). However, obtaining this benefit requires a lengthy process.

And, in the middle of applying for INSS benefits, you may receive a message that your benefit has been denied. But do you know what this means and what you should do next?

In this article, we'll give you tips on what to do if your benefit is denied. Read on to find out!

Check it out here:

• Why was my INSS benefit denied?
• How do I check my INSS benefit request?
• My request was rejected, what should I do?

What does rejected mean at INSS?

When you apply for your INSS benefit, it will be reviewed. Once you receive a response, you'll receive a notification in the system stating whether your request has been approved or denied.

In simple terms, a denial indicates that the INSS analyzed your benefit request, but the decision was unfavorable, resulting in the denial of the benefit.

In other words, if you applied for, for example, retirement, and the status of your application is rejected, this means that the retirement will not be granted.

So, if you received a message that your request was rejected by the INSS, it's the same as saying it was denied! But this can happen for many reasons. What's important at this point is to find out the reason so you can resolve the issue.

Why was my INSS benefit denied?

There are several reasons why your appeal may be denied by the INSS. Keep in mind that, in addition to retirement, other benefits are granted by the same agency and may have the same problem.

Causes may include contribution time, payment irregularities, incorrect data, and more. Here are some of the most common causes:

“Maternity pay denied” – why does it happen and what to do?

Refusal to pay maternity pay may occur if the employee is dismissed during the period of pregnancy stability, although this is an illegal practice.

The rejection occurs because the employer assumes the costs of the employee's absence and is subsequently reimbursed by the INSS.

Anyone who has had their benefit denied has the right to request a reassessment by filing an appeal with the responsible body.

The deadline to file an appeal is 30 days from the date of notification of denial. Since May 2019, this request must be made exclusively online or by calling 135.

“BPC Appeal Rejected” – Why Does It Happen and What to Do?

The Continuous Benefit Payment (BPC/LOAS) is financial assistance equivalent to the minimum wage, intended for elderly people over 65 years of age or people with disabilities who do not have the means to provide for their own subsistence or receive it from their family.

Several factors can lead to the denial of this benefit. One common reason for denial is an outdated Single Registry (CadÚnico). If the household's resident data and total family income are incorrect, the BPC will be denied.

Another reason for rejection is the presentation of incorrect documentation when proving family income or the condition of a person with a disability, in addition to not meeting the requirement of family income less than 1/4 of the minimum wage per person in the family.

Additionally, not being considered low-income, not having a long-term disability, or being under 65 years of age may also result in your application being denied.

If the BPC/LOAS application is denied, it's crucial to seek the guidance of a trusted attorney, as only they can guide the applicant toward the best solution. With the help of a lawyer, there are three options to consider:

1. Administrative Appeal;
2. Legal process;
3. Submission of a new application to the INSS.

“Sickness benefit denied” – why does it happen and what to do?

Sickness benefit is intended for insured individuals, that is, INSS contributors, who, for some reason, are temporarily unable to work, that is, are unable to carry out their work activities.

To be eligible for this benefit, the insured must meet the following requirements: have made 12 contributions, have the status of insured, and undergo a medical examination. The main reasons that may result in the denial of a sickness benefit claim include:

• Absence of a medical certificate proving the insured's incapacity;
• Inconsistencies in information, i.e., when the medical report indicates one condition, but during the interview with the expert, the insured person gives different reasons;
• Insufficient contributions, that is, when the insured has contributed for less than 12 months, which is the period required by the INSS as a requirement for the right to social security benefits.

Therefore, the situations mentioned above are the main reasons for denial of sickness benefit. As previously highlighted, when the insured person meets all the requirements for sickness benefit, in principle, their benefit should not be denied by the INSS.

However, there are cases in which, even after meeting all the requirements, the insured person's sickness benefit is denied.

In these circumstances, it is possible to appeal the INSS's decision or, if necessary, file a lawsuit against the responsible body, seeking to grant the benefit.

Denial of assistance can place the insured in a situation of financial vulnerability, highlighting the importance of seeking available resources to reverse this decision.

Often, when sick pay is denied, the employee ends up returning to work. However, it's important to remember that this isn't always possible.

“Benefit denied 24 lack of contribution time” – why does it happen and what to do?

The qualifying period represents the minimum contribution period that the insured must meet to qualify for social security benefits.

Therefore, if your benefit is denied due to a lack of qualifying period, it indicates that your contributions did not reach the minimum required to qualify for the benefit. If the INSS denies your benefit, you have several options.

If you recognize that the reason for the denial is valid, you may choose to accept the decision and continue making contributions for as long as necessary to make a new request.

On the other hand, if after analysis you conclude that the justification for the rejection is incorrect, you have the alternative of filing an administrative appeal and, as a last resort, resorting to legal action.

“Death pension denied” – why does it happen and what to do?

A survivor's pension is a social security benefit provided to dependents of deceased INSS beneficiaries. To be eligible for a survivor's pension, the deceased insured must have contributed to Social Security or met the INSS's minimum contribution requirements.

There are several reasons why the INSS rejects benefit requests, some of the most common being:

• Lack of documents or insufficient information: When the applicant does not include the necessary documents in the process or provides insufficient or inconsistent information.
• Lack of proof of dependent status: The INSS may deny a request for a survivor's pension if the applicant does not prove that he or she is a dependent of the deceased insured person.
• Lack of proof of the deceased's insured status: The INSS may deny a request for a survivor's pension if the applicant does not prove that the deceased was insured by Social Security or that he or she was no longer protected by the INSS when he or she died (he or she was no longer within the grace period).

To challenge the decision that denied the request, it is necessary to file an administrative appeal with the INSS within 30 days from the date on which the applicant becomes aware of the decision.

This appeal must be filed within the deadline and must include the reasons for the appeal. This is an opportunity to add additional documents to the process that demonstrate entitlement to the benefit.

What are the steps to apply for INSS benefits?

If you need to apply for an INSS benefit, check out the step-by-step guide so you can do it very simply:

Separate the Documentation

Make sure you have your ID, CPF, work permit, and birth or marriage certificate. Some benefits may require additional documents, such as medical certificates or reports.

Access to My INSS:

Access the “Meu INSS” portal through the official website (CLICK AND SEE THE WEBSITE). Alternatively, install the Meu INSS app on your smartphone to place the order.

If you don't have an account, you'll need to create one by providing the requested information.

Log in using your CPF and registered password.

Completing the Application

On the portal, fill out the application for the desired benefit, providing personal, professional and social security details as requested by the system.

Attach Documents

Scan or photograph the requested documents and attach them to your application. Meu INSS accepts online submissions, which streamlines the entire benefit application process.

Scheduling (if necessary)

Schedule an in-person appointment, if necessary, for cases that require physical delivery of documents. Go to the INSS agency at the scheduled time to present original documents, if requested.

Request Analysis

INSS will perform the analysis, considering the documentation provided and the data you send to the system.

Order Tracking

Regularly check the status of your application through Meu INSS to identify any pending issues.

Result and Notification

Check the result of your application on Meu INSS. If approved, a letter of approval will be sent. If denied, you can appeal by providing additional arguments and documents.

Receipt of Benefit

After the benefit is granted, the INSS will inform you of the payment start date. The first payment may include retroactive amounts. Pay attention to the rules to keep the benefit active, as the INSS may require periodic document updates.

Each step is crucial to an efficient process, and attention to detail will ensure your application is processed smoothly. It's worth noting that specifics may vary depending on the type of benefit, so it's always recommended to consult official INSS sources for up-to-date information.

How do I check my INSS benefit request?

See how simple it is to check the status of your INSS benefit:

• Access the official Meu INSS website: CLICK AND ACCESS THE WEBSITE. Or open the “Meu INSS” app.
• Use your CPF and registered password to log in to the platform.
• In the main menu, find the “Appointments/Requests” option and click on it.
• On the Appointments/Requests page, look for the section related to your benefits. There, you'll find information about the status of your request.
• If your request is under review, you'll see details about the process. Pay attention to any messages, pending issues, or requested documents.
• Meu INSS will also send notifications about any updates to your application status. Check your inbox on the portal itself.
• If there are any pending issues or if the status is unclear, you can schedule an in-person appointment on the portal itself to obtain more information.
• If you prefer, you can also contact the Customer Service Center at 135 to inquire about your order. Please be prepared to provide identification information.

My request was rejected, what should I do?

If your INSS application was denied, try to understand the reasons behind the negative decision. Check whether there is a clear rationale and whether you agree or identify any potential errors.

While not mandatory, seeking guidance from a specialist, such as a social security lawyer, can be valuable for a more in-depth analysis of your case and determining the best course of action.

If you decide to appeal, the first step is to file an administrative appeal with the INSS, in order to try to receive your benefit.

How to file an appeal with the INSS

Here's how you can file an appeal with the INSS:

• Go to the official Meu INSS website: CLICK AND ACCESS THE WEBSITE or open the Meu INSS app and log in with your username and password.
• In the main menu, look for the “Appointments/Requests” option and, within it, look for the section related to resources.
• Choose the “Appeal” option to begin the appeal process.
• Attach the necessary documents and explain why you disagree with the INSS's decision. Be clear and provide all relevant information.
• Complete the appeal request, ensuring that all necessary information and documents have been properly included.
• After submitting your appeal, the INSS will reevaluate your case. The review period is 85 days. Monitor the progress of your appeal through Meu INSS.

If, even after the appeal, the decision is upheld, and you believe there are grounds to challenge it in court, you may need to seek the guidance of a specialized lawyer to assess the viability of legal action.

Remember, it's crucial to act within the established deadlines and ensure that all documentation and arguments are in order to increase the chances of success in the appeal.

Frequently asked questions

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