At ANSES One Lawyer Has 3,660 Pension Trials
<p>A report by the AGN notes that the agency has not established criteria to distribute cases between their lawyers. In the settlement the priorities of the beneficiaries are not respected, there are incorrect calculations for errors in data loading, and those over 80 have delays of up to 48 months to receive the final sentences.</p>
One lawyer from the National Administration of Social Security (ANSES, for its acronym in Spanish) is in charge of 3,660 pension trails. According to a report from the General Audit Office (AGN, for its acronym in Spanish), the agency has not established criteria to distribute the causes among professionals in the Management of Litigation, "considering that 42 lawyers have only one trial, nine are working on two each, five are responsible for three and four have more than 2,000 processes.”
However, the same management gave the AGN some 13 judicial folders in which the Watchdog found that responses to requests received by the ANSES are "like in all records, both in form and content." It is that lawyers use a preprinted pattern where they "only incorporate name and dates," says the report and added: "This methodology allows speeding up (the mechanism of) the answers but no evidence analysis in particular cases."
Budget Law 2004 and 2005 established a program of debt cancellation generated in trials readjustment of benefits but at the time of the audit, ANSES had not implemented the provision.
The AGN took a sample of administrative records for granting benefits and concluded that "in all the cases analyzed they had not met the deadlines for settlement of judgments." Moreover, it was also verified that the beneficiaries over the age of 80 suffered a "significant delay" in the collection of up to 48 months after notification of the sentence.
Also, the control body found cases where the beneficiary had to prove terminal illness because they liquidated the money owed, "when it should have been prioritized by age," says the report, adding that the ANSES has no specific registry of beneficiaries’ payment priority. In other administrative files "errors in the settlements for incorrect data upload" were also found.
Moreover, the AGN observed that ANSES’ systems are not integrated with each other and this causes discrepancies in the information they each have. For example, between the system of "liquidation of sentences canceled bonds consolidation" and "single registry of beneficiaries" the data does not match, such as "date of birth". So the possibility of an incorrect calculation when granting a pension is opened because the system could confuse the birth date of the deceased (a departed relative) with the beneficiary.
As for the payment records, the audit examined 29 cases of 2004 and discovered that "the sum of the amounts paid in the settlements does not agree with the amounts accrued during the year," and that the errors recorded in the lists issued by the Management Systems and Telecommunications were not corrected, "proceeding to a resolute act without proper cleansing", ie costs that were approved for a certain amount but actually it was a different sum.
With regard to succession bonds that were canceled, the report states that the ANSES has documentation that can prove whether these papers were delivered to the beneficiaries or beneficiaries of deceased guardians.