Revisão Das Emendas 20/98 E 41/03, Benefício B36, Benefício Implantado Inss, Demora Da Pericia.

Hello everyone! Good morning! My name is Adelmo Dias Ribeiro, and today I'm here to talk to you about some important topics related to retirement benefits. So, if you're interested in this subject, stay tuned!

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Understanding Retirement Benefit Reviews

So, let's dive into the topic of retirement benefit reviews. I want to explain this in a simple and easy-to-understand way. The logic behind reviewing retirement benefits applies to two constitutional amendments: 24 and 41.

Let me give you a practical example to help you understand. Before these amendments, the maximum retirement benefit was $957. Then, with the introduction of the amendments, the maximum benefit increased to $1,200. Now, imagine you had retired before these amendments came into effect. You were entitled to a higher benefit, but due to the INSS cap, you were only receiving $957.

Now, when the amendments were passed, you might have thought, "Great, the maximum benefit has increased! I should be entitled to a higher amount now." And you're absolutely right! This is where the need for a benefit review arises. You have the right to recalculate your benefit to account for the new maximum benefit cap.

This review applies to anyone who retired before the amendments – before the 20th amendment or before the 41st amendment. If that's you, there's a good chance you're entitled to a higher benefit through this review process.

Reflecting on the Impact of Delayed Judicial Processes

Now, I know some of you have asked about delays in the judicial process, specifically regarding the time it takes to receive a favorable ruling and what you can do about it. The truth is, the judicial system operates based on an "official impetus" principle.

This means that while lawyers, like myself, can push for progress in a case, the ultimate control lies with the judges and court officials who prioritize the cases they need to handle. They have a list of cases to follow, and though we can inquire about the status of a case, it's essential to respect the process and not push for preferential treatment.

It's important to understand that there are multiple parties involved in the judicial process. It's not just one person working on your case. Everyone from the lawyers to the court officials plays a role in ensuring a fair and just resolution. So, while it may be frustrating to experience delays, it's crucial to recognize that these delays can stem from structural issues within the judiciary system, especially in areas with limited resources.

Decoding Benefit Abbreviations

On to the next question: Why does the INSS create such complicated abbreviations for benefits? I mean, who can keep up with all those codes, right? Personally, I think the INSS uses these complicated abbreviations to make the subject matter appear more technical and exclusive to professionals in the field of law. It's like they're creating a secret language that only they understand.

But fear not! I'm here to break down some of these abbreviations for you. The "B36" refers to the benefit of "auxílio-acidente" (accident allowance), while the "B91" represents "auxílio-doença acidentário" (worker's compensation). These are just a couple of examples among many other abbreviations used to identify different types of benefits.

I understand that these codes can be overwhelming and confusing, but it's important to remember that each code represents a unique benefit. So, don't be afraid to ask for clarification whenever you encounter one of these obscure abbreviations.

Understanding Benefit Implementation Timelines

Moving on to another question: How long does it take to receive a benefit after it has been approved? Well, if your benefit has been successfully implemented, you can visit your bank branch to check the date of payment. The bank will have all the necessary information regarding the payment schedule.

Typically, benefit payments are made either at the beginning or the end of the month. So, if your benefit has been implemented, head to the bank and inquire about the specific date of payment. They will be able to provide you with all the necessary information.

The Reality of Delays in Health Assessments

Lastly, someone asked if it's normal to experience delays in health assessments performed by the INSS. Ideally, these assessments should happen swiftly, as they involve individuals who are often in a vulnerable state due to their health conditions.

However, the reality is that health assessments can sometimes take two to three months to be conducted within the judicial system. Of course, there are regional variations. Some areas with limited resources may experience longer delays.

While waiting for your assessment, it's important to recognize the structural issues within the judicial system that contribute to these delays. It's not solely a matter of productivity on the part of the servers but rather a lack of proper structuring within the judiciary as a whole. Acknowledging these challenges can help soften the frustration experienced during this waiting period.

Conclusion: Stay Tuned for More Previdencia Content!

In conclusion, I hope that I've been able to provide you with a clear and comprehensive understanding of retirement benefit reviews. I always strive to make my explanations as simple and accessible as possible.

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Take care, and have a wonderful day! Goodbye!