After a precautionary measure that questioned a decision of the ANSeS, the social security agency resolved that the attorneys or representatives will be able to carry out and sign the procedures of the people who request the new social security moratorium.
This is contained in the social security norm No. 11/71 of the ANSeS, of June 2. "In relation to the signing of forms necessary in the processing of the benefits of the Pension Payment Plan (PDPP) by the holder or his representative, the form of the corresponding Power of Attorney is updated."
In this way, the lawyers interpret that ANSeS modified Circular FP 22/23 of May 8, which had established that the moratorium forms had to be signed by the person requesting the benefitin the ANSeS delegation (UDAI) "not being valid all those that are not those issued by the systems, or that they are signed and certified, outside the scope of said UDAI".
Due to this requirement (that the application had to be signed by the requesting holder and could not be replaced by the attorney-in-fact) the Federal Court No. 2 of Santa Fe granted a precautionary measure requested by lawyer Verónica Barcarolo, who interpreted that they prevented her from acting fully as a representative and filed a precautionary lawsuit in Justice.
The ruling ordered the ANSeS to suspend the application of the circular as it provides in its first part "... signed individually by the holder ...", and in its last paragraph: "... require signature by the applicant...". And also that the lawyer Barcarolo is empowered in her presentations before ANSES to act as a proxy for older adults, requesting acceptance of the Social Security Debt Plan established by Law 27,705 ...".
Among other grounds, the Court stated that "with the issuance of this circular, ANSES, on the one hand, could leave manifestly unprotected the passive class and the people who with this new Law No. 27705 intend to join the Social Security System, since by forcing them to carry out the entire procedure to obtain the benefit, In person and by themselves, it could put them in a state of helplessness and total uncertainty, since they are unable to access the advice of proven professionals in the field, which helps them to fully understand the scope of the documentation they subscribe ".
With the Social Security Standard 11/71, ANSeS extends to all attorneys or representatives the possibility of making and signing the forms to access retirement by moratorium.
More than 130,000 people have already begun the process of retirement by moratorium, of which just over 40,000 will receive their first credit in the coming days.
NE
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