It is perhaps the most difficult procedure for the applicant and the one that makes permanent disability pensions the most particular in terms of their concession process: the examination of the members of the medical court is an essential step that must be taken without fear, with a constructive attitude and being aware that it does not have to be a headache.
The first thing to be clear about is that what is traditionally known as the ‘medical court’ is actually the EVI, the Disability Assessment Team. Another thing to take into account is that, although its opinion will obviously be very important, it is not the body that is in charge of granting or denying the disability and, therefore, the pension. That corresponds to the provincial direction of Social Security, .
Thus, although the opinion of the medical court is not binding, it is true that their opinions are highly listened to and valued by Social Security. That is to say, that in most cases the body will act in the same line as that established by the court and will grant the disability pension (and its degree) coinciding with what the people who examine the applicant decide.
That is why it is highly recommended to behave correctly in what seems to be the determining procedure when determining permanent disability and the possible collection of a pension. They give them a series of tips so that the applicant can put everything on his part in the process.
The first recommendation can be followed even before arrival at the medical court: it is very important to appear at the appointment with as many up-to-date medical reports as possible that describe in detail the illness or injury that is the reason for the permanent disability pension application.
The second recommendation has to do with the first thing the court does when the applicant comes to it. You have to answer clearly the questions that your members ask. This includes sincerity, not falling into exaggerations and above all having a coherent story because certain questions may seem ‘trick’. Above all, be clear that the objective of these questions is to determine the influence of the patient’s injury or illness on their daily and working life.
Another piece of advice is related to a request from the court: one of its members can ask the applicant for the disability to execute a movement or perform an exercise. Before that, you should not show bad temper or any annoyance. The objective of this request is to verify the influence of the injury or illness, to know if it will allow us to execute certain movements in our work…
In general, the key is to have an attitude of predisposition. This includes being consistent with the injury suffered appears in the reports provided, a consistency that must go hand in hand with the willingness to respond to all questions and requests from the court. And, of course, avoid exaggerations and lies that will surely turn against the applicant.
In short, as summarized by Campmany Abogados, it is “to remain calm and be, above all, sincere”.
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