The more than 950,000 people who currently receive a permanent disability pension in our country had to go through a series of procedures to obtain payment of the benefit. It is a (among them, the most important,) from which not all applicants come out well: some will see how they are denied a pension.
People whose application for a retirement pension is rejected by Social Security have the right to appeal the agency’s decision. This decision can be communicated in two ways: by sending a notification to the applicant (informing him that the pension has been rejected) or by administrative silence (when the period of 135 working days from the request is exceeded without issuing a response, the pension is considered denied).
In all these cases, the citizen may proceed to claim this denial to try to obtain the pension. The experts of the specialized firm Campmany Abogados that this resource must follow a series of very specific steps.
The first step is the presentation of a previous claim to Social Security. The citizen has a period of 30 business days to present it, counting from the day the notification arrived or the administrative silence was fulfilled. The importance of this prior appeal to the judicial sphere is very great: it serves for the citizen to present their arguments and build a defense in the face of a possible trial in the future and, at the same time, it wants the Administration to reverse its rejection to the pension.
From Campmany Abogados it is reported that the main problem when making this prior claim is that there is no specific form and, therefore, the citizen does not have a model to guide himself. In the absence of indications, the pension applicant must focus on showing all his allegations in the most “clear, correct, objective and professional way possible”.
What should the Social Security claim include?
For this reason, the firm recommends that when drafting the claim, the help or advice of a lawyer specializing in the matter is required, since it is important not to leave any details to chance in such a compromising matter. The writing, which being free can give rise to certain gaps, must always contain certain key information written in a very specific way:
1. Personal data: the file number contained in the Social Security rejection letter and the personal data of the applicant must be included here. If the process is carried out by a lawyer, your personal data must also be included: name, surname, DNI, contact data, address…
2. Background: in this section the applicant must include everything that has happened up to the denial letter from Social Security. When and how did his ailment or illness start, the steps he has taken since then, when was his application rejected…
3. Complaints: here the reasons for the applicant’s discomfort must be explained, detailing why he considers that the denial of Social Security does not seem correct. His ailments and illnesses well explained, in short.
4. The current situation: here it is pertinent to detail the current status of the applicant. How that ailment or illness affects your daily life, whether it allows you to do real-life acts or allows you to perform jobs. In addition, the updated clinical status of the applicant must be explained, with new medical reports (if any).
5. Degree of disability: last but not least, it is necessary to communicate the degree of disability that the applicant considers he deserves: partial, total, absolute or severe disability.
What can happen: this is the response of Social Security
Social Security has a period of 45 business days to respond to the claim. That response will be changing their position and granting the pension or, on the contrary, reaffirming their position and denying the pension again. As with the pension application, you can either communicate a new refusal within that stipulated period or without doing so, the claim being understood to have been rejected after an administrative silence.
According to the experts at Campmany Abogados, the usual thing in these situations is that the previous claim to Social Security is denied, but they reassure in this regard: this letter will lay the foundations for a future defense in the face of another totally different battle, the one that supposes a trial in front of Social Security to fight for that permanent disability pension.
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