Cases In Which Social Security Can Propose A Permanent Disability

The process to obtain a permanent disability pension is sometimes a struggle on the part of the aspiring pensioner after many months of temporary leave that threatens to have long-term consequences. However, there are cases in which the proposal comes out of the Social Security itself, even before the worker begins the procedures to request it.

As reported by the specialized law firm Campmany Abogados , the agency has the power to initiate a proposal for permanent disability that entitles the worker to a pension if, after 18 months of temporary disability , the worker himself has not initiated the procedures to request it. on your own.

The person in charge of notifying the worker is the National Institute of Social Security, and the way to do it is through a certificate sent to the worker’s home, who can also receive an SMS previously to his mobile phone in which he will advance Without going into details, the agency is going to propose that permanent disability be granted.

The receipt of this charge, however, cannot be considered as confirmation that the pension will be awarded to us. From Campmany Abogados they assure that, like many of them it is granted, many others are not. So while it’s good news, keep a cool head and don’t have high expectations.

The process, of course, begins at that moment: in said letter, the worker will receive a form in which to request permanent disability (it must include personal, bank data …) and another sheet, called ‘office’, in which to present allegations to the Social Security proposal. These allegations can be positive, that is, the worker can support this proposal and be in favor of receiving the disability and, therefore, the pension.

Once the documents have been sent, the next step is usually the convening of a medical court . It is a procedure that, although common, in times of pandemic can be replaced by an administrative resolution, although it is not frequent. In this court ( which values certain concepts and concrete realities ), the worker may be asked for certain actions to assess his condition, as well as certain information in a live voice that illustrates his work capabilities and ease in his routine life.

After the visit to the medical court, the worker must wait. The opinion that I send is not binding despite the weight it really has: the final decision will be made by the provincial director of Social Security, who will establish whether or not the citizen has the right to disability (and pension), and its degree. The decision process can be long, up to 135 days , so the aspiring pensioner must remain calm.

In the event that Social Security, even if it has started the process, denies the disability, the worker has the right to appeal this decision and claim.