The National Social Security Institute grants pensions for permanent disability to those workers who, due to illness or accident, cannot carry out their usual work activity. However, to achieve this benefit, it is necessary for the medical court to reflect all pathologies and limitations in the summary medical report.
According to Luis Alfonso Iglesias, lawyer at the Abogados Cuatro law firm, on his Instagram profile, this document is essential for a request for permanent disability to be approved by the INSS. However, and as numerous specialized lawyers warn, It is quite common for these requests to be denied. Among one of the reasons, an incomplete summary medical report.
This document must include all the pathologies and limitations that prevent the worker from carrying out his usual functions in his job or, in the most serious cases, from carrying out any work activity. However, as the lawyer warns, the medical court tends to omit, on many occasions, “the most relevant so that they later deny you disability.
Who and how prepares the summary medical report
This document is prepared by the medical practitioner of the Disability Assessment Team (EVI) and uses the professional background report as a basis. After assessing what seems relevant to the case in question, the latter is responsible for making a summary and proposing it to the corresponding INSS provincial directorate, which will be responsible for determining whether the disability is granted and to what degree.
Its content is based on what was observed by the medical court, as well as on the clinical history, the current diagnosis, the treatments performed and the limitations that the pathology has generated in the worker. These should focus on those that truly represent a difficulty in the applicant’s work activity.
However, its purpose is not limited to the request for disability, but it is also a key element when claiming or presenting an appeal before the decision made by the Public Administration. As lawyer Marina Alaminos warns, the INSS “denies 80% of disabilities,” but the worker still has the right to request it.
How to claim permanent disability
For this reason, from the Social Security electronic headquarters they offer the possibility of downloading this document as long as a resolution has already been issued regarding the application. For this it will be necessary to access the “Consult telematic communications” section. Furthermore, since September 1, all notifications issued by the agency have been made electronically, so those people who are waiting for a response from the INSS should be attentive.
Once the resolution and the summary medical report are available, The worker will have a non-extendable period of 30 days in which you can appeal the decision of the INSS. To do this, it is best to have all the medical reports and that their content clearly specify all the limitations and difficulties that arise due to the pathology or accident for which the disability is requested.
In the event that this claim is denied, the worker may file a claim before the Social Court and, if the result is not favorable, the case may be escalated before the Supreme Court of Justice, whose ruling will be final and irrevocable. For all these reasons, the most advised by lawyers is that, even if the request has been denied, the employee continues to claim your right to receive permanent disability benefit.