The daughter of a rural worker who passed away in 1978 will receive a death pension from her father 48 years after the death. The woman, who has had a severe intellectual disability since childhood, went to court after her benefit request was denied by the National Institute of Social Security (INSS).
The INSS argued that it was necessary to prove the disability already existed before the daughter reached adulthood. The 2nd Federal Court of Dourados (MS) ruled in favor of the plaintiff, ordering that the benefit be granted starting from the date of death, including all back payments.
The judicial expert report stated that the beneficiary has permanent incapacity and a permanent need for assistance from others in daily activities. For this reason, she never worked professionally. Federal Judge Ewerton Teixeira Bueno considered that the disability had existed since childhood, thereby guaranteeing the right to the benefit. The INSS was notified to implement the pension within 45 days.
