One of the main characteristics of the Spanish social protection system is its ability to guarantee the economic well-being of workers even when, due to their physical or mental health, they cannot carry out their usual work activity. For this, the Social security It is responsible for granting financial benefits for disability.
One of the most important is the permanent disability benefit, which compensates for an employee’s loss of income when your work capacity is reduced or canceled due to an illness or accident. Although, according to the lawyer Marina Alaminos“the INSS denies 80% of disabilities”, this does not mean that the worker loses his right to request it.
He National Social Security Institute It is the body responsible for the management and administration of financial benefits, including those granted for permanent disability. For this reason, it is also in charge of evaluating each request to grant or not grant said financial aid. However, his refusal “does not necessarily mean that you do not have the right to it”.
As explained by the lawyer specialized in permanent disability and medical negligencethis case is quite common among their clients. However, “if you have chronic pathologies, important limitations and good medical reports, you should not be left alone with the first resolution“, he assures, as there are other options available to the employee.
How to appeal the denial of permanent disability
First of all, the most important thing when starting a permanent disability process is to chave rigorous medical reports that indicate all the limitations generated by the illness or accident for which the benefit is requested. “It is not enough to have diagnoses, we must prove how these diseases limit you in your work and whether or not there are real possibilities for improvement.
With this documentation and in the event that the INSS denies the request, its decision can be appealed within a non-extendable period of 30 days from the day of notification. To do this, a claim must be submitted in which all the allegations and medical reports available are provided. Likewise, in the event that this claim is also denied, another period of 30 days is opened to file a lawsuit before the Social Court.
To do this, it will be necessary to have a specialized lawyer to defend the case and present all the evidence that demonstrates the limitations for which permanent disability is requested. If the ruling is not favorable, may be appealed to the Superior Court of Justicewhich will issue a firm and irrevocable ruling on the matter.
The INSS may consider disability depending on the duration of the sick leave.
As the lawyer recalls, “many disabilities are initially denied, but can later be recognized through judicial means.” This is why it is so important to collect all the tests and medical reports that may be useful during the process. “Because, By default, the INSS denies everything, but judicially“I always say it, another rooster crows and we have many more options to get that benefit.”
On the other hand, in case of already on medical leavethe lawyer explains that “The INSS itself may initiate the permanent disability file“, depending on its duration. This assessment will be especially relevant in those cases in which the worker has requested leave due to temporary disability for two or more times a year, without having recovered his or her working capacity.
However, the workers They can also request it on their own when the “pathologies are already definitive and there are no effective treatments” for them. In these cases, the pertinent documents, together with the complete clinical history, can be presented to the INSS, both electronically at the Social Security Electronic Headquarters and in person.