• SSS sets 10-year prescriptive period for settled claims


    The Social Security System (SSS) has set for 10 years the prescriptive period for re-adjudicating retirement, disability and death claims.

    Members seeking to have their settled retirement, death or disability claims with the SSS re-evaluated have up to 10 years to file their request, the agency said.

    This prescriptive period also applies to petitions contesting settled claims before the Social Security Commission (SSC).

    The move, as mandated by the new SSS Office Order Number 2015-005, aims to eliminate problems in the validation of submitted documents. The SSS said the retention period of claim records is limited to 10 years only as per Article 1144 of the New Civil Code of the Philippines.

    Pursuant to the SSC resolution, the reckoning point for the 10-year prescriptive period depends on when the claim was originally settled.

    For claims settled before March 1, 2006, the 10-year prescriptive period will start on the said date.

    For claims settled on or after March 1, 2006, the prescriptive period will start on the initial settlement date of the retirement, disability or death claim.

    March 1, 2006 was the effectivity date of SSS Office Order Number 208-P, which first set a 10-year prescriptive period for the re-adjudication of settled retirement, death or disability claims.

    Office Order 208-P has since been superseded by newer guidelines to clarify the reckoning point of the 10-year prescriptive period.

    There are exceptions to the 10-year prescriptive period, however, primarily for cases wherein the reason for benefit adjustment is not due to the fault or oversight of the member or claimant.

    “Thus, the 10-year prescriptive period will not be applied in cases such as unposted contributions and additional credited years of service, payment for additional dependents (if SSS failed to include the dependents in the initial payment of benefit), change in the date of the contingency, and other cases not attributable to member/claimant,” the SSS said.

    The prescriptive period will also not apply to claims needing re-adjudication due to a change of guardian of the member or dependent, emancipation or death of dependents, re-marriage of spouse but with dependents under his/her custody.

    Resumption of monthly pension that was suspended due to non-compliance with the Annual Confirmation of Pensioners, and payment of withheld shares for co-claimants in the death benefit are likewise not covered by the 10-year prescriptive period.?


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