Permanent disability at work is the inability of a person to carry out their usual job, sometimes not being able to carry out any other work activity. It may be due to illness or accident, professional or not. With the recognition of disability, Social Security offers a pension that compensates for the worker’s lack of income. According to the disability and the degree of limitation of the worker for the performance of his activity, four types of permanent disability are distinguished.
The requirements and documentation for the application vary according to several factors, such as the type of disability or whether it is an accident or occupational disease or not.
Some common requirements are being registered with Social Security or assimilated registration, not having reached retirement age and having completed the prescribed medical treatment. Being on sick leave is not essential. The complete requirements appear on the Social Security website.
The general documentation includes the ID of the worker and his legal representative, if applicable, and the complete medical history. If it is a work accident, it is mandatory to provide an administrative part of the accident. The employee must provide a document issued by the company including the real wages during the previous year and if the applicant is self-employed and pays the contribution during the disability, they must present the supporting documents.
It is advisable to have professional legal advice to present the documentation, as it is key in the final resolution.
The application form must be submitted to the Provincial Directorate of the National Social Security Institute (INSS). It can be processed online on the Social Security website by accessing the telematic application for permanent disability pension.
The first step is to download the form. It can be completed from the web browser, as recommended. Then the request is sent from the same page, attaching the form. You must add a copy of the DNI, it is possible to take a photo from the device, and carry out an identity verification by DNI or digital certificate, Cl@ve PIN, Cl@ve Permanente or SMS.
From the same website you can provide documentation and check the status of the application. Submitting the correct documentation is essential for a favorable resolution, which is why it is convenient to keep an accurate record of medical consultations and treatments.
The INSS will study the application and a medical evaluation will be carried out. The applicant will receive a summons to go to the Medical Court responsible for evaluating her situation. If you cannot attend, you must notify us.
The body in charge of resolving the file, INSS or ISM (Instituto Social de la Marina), must issue a resolution within a maximum of 135 days. If no response is obtained, it is understood to be dismissed due to administrative silence and a claim must be filed. If it is denied, the worker can appeal, without affecting his situation of temporary disability. If the disability is recognized, the corresponding compensation or pension is established, with all permanent disability reviewable up to retirement age.
If the resolution is not favorable, the worker can initiate a prior claim procedure before the Provincial Office of the INSS for a new evaluation. If this is not favorable either, the worker has 30 days to go to court and file a lawsuit before the Labor Court.
The result of the resolution, appeal or review will always depend on the documentation and information provided and the procedures carried out in addition to the medical evaluation; in the same way the amount of the benefit. That is why professional advice is decisive to guarantee a favorable resolution and obtain a benefit according to the needs of the worker.
