Overall, the judiciary and the National Administration of Social Security (ANSES, for its acronym in Spanish) take an average of 7 years, 6 months and 6 days since the trials readjustment for mobility of pension’s trials until payment.

The data contained in a report of the General Audit Office (AGN, for its acronym in Spanish), approved this year, which evaluated the judicial management of the pension agency in 2012.

For their research, the technicians took a sample of 100 records and, beyond that average of 7 and a half years, listing 21 cases over 10 years of delay, including two trials with more than 15 years and others appear two over 16 years of delay, counting from the beginning of the proceedings until the corresponding payments.

A Long Way

This paper says that on the one hand, "there is an average delay of 4 years 7 months and 24 calendar days in processing prosecution for adjustment and to mobility (up to achieving the) final decision."

What occurs during this period, the AGN revealed that "ANSES rejects administrative claims without making a previous analysis of the right claimed by the owners." In addition, it was discovered that the demands being extemporaneously answers or does not even answer them.

Also, the pension agency records "successive failures in the remission of administrative actions, disregarding repeated requests from various courts." Description: ANSES delays sending files, although the justice system asked several times.

"This – adds the audit- hampers the judicial work, harms the beneficiary (retiree) and the ANSES for the interests it has to pay."

Against this background, the report noted that "the courts are passing sentence without administrative actions." What happens after the sentences? According to the audit, once failures are known, the ANSES "makes no liquidation" although it is intimated to.

In fact, the report cites law 26,153, which states that "the convictions against ANSES must be fulfilled within 120 working days."

However, the AGN stressed that "in any case benefit scheme complied" as specified in this standard.

There’s more; liquidation proceedings in which "there is no record of the date they enter the ANSES administrative proceedings referred from the courts to be applicable to the enforcement of sentences" were observed.

Thus, it could discover that "the average age of the stock time was, in December 2012, of 227 working days and 338 working days in December 2013, when they were paid $ 5.460.468.094 in sentences," the report concludes.

Because ANSES violates the terms of faults "it requires the plaintiff to start the implementation process generating costs" for the pension agency itself, i.e., "economic consequences for the state," says the AGN.

To complete the picture, the report adds that "as a result of repeated failure by the ANSES, the court lock liens on accounts that the agency is in the National Bank".

But it does not stop there. The AGN then revealed that the agency "is challenging the assessments made by the plaintiff," but does it "extemporaneously and as a result, are not submitted."

And so, after all this, the audit found another delay that, added to that of the judicial proceedings, averages the "7 years 6 months and 6 days until the ANSES begins to pay the settlement rulings" in question.

"Untenable Situation"

Moreover, the Audit reproduces a statement of the Federal Chamber of Social Security which recognizes that "the situation is unsustainable jurisdiction", being one of the most overwhelmed in the country.

In that statement, the Chamber itself notes that asked staff to the first and second instance and explained that "the collapse is given by the large number of files that are processed and the large number of unfulfilled decisions, leading to delays affecting the universe of litigators with advanced age.”

On this, the AGN found that "in 13% of cases (analyzed), holders died during the pendency of the proceedings, and 63% were older than 80 at the time of payment."