Permanent disability pensions are one of the most common in Spain. Of the more than 9.8 million that Social Security pays monthly, some 950,000 are of this type. One in ten people who receive pensions are permanently disabled, only behind those of retirement and widowhood. Therefore, the system monitors that the requirements to collect them are met at all times. Otherwise, you may lose the right to collect and show that permanent disability.
There are several situations that put the citizen at risk of losing a permanent disability pension, but above all the most desirable circumstance (at least in terms of health) is the improvement of the condition that generated the right to that pension after a new opinion issued by the medical court and the corresponding approval by Social Security.
According to information from the , this usually occurs especially when, at the time the pension is granted (whatever degree it may be), the possibility of improvement in the future is contemplated. This improvement can be developed by the course of the disease or illness or by the appearance of new therapies or treatments.
However, the firm explains, special consideration is given to removing permanent disability or reducing severe disability (the highest degree) to total permanent disability before reducing total disability to partial disability, since in that In this case, Social Security is obliged to pay compensation to the pensioner. It must be remembered that, although the evaluation of the medical court is very important, it is not binding and it is ultimately up to Social Security to decide on these pensions.
Apart from this case, the most common, there are other circumstances in which the right to receive the permanent disability pension may be lost and that have nothing to do with that positive cause that is the improvement of the state of health. They are the following:
-Refusing to undergo reviews or new visits to the medical court: there is no specific periodicity for these visits, since in some cases (especially in those in which no improvement is contemplated) they do not occur, but not attending these reviews or even doing so without updated documentation and reports can be understood as a reason for losing the pension.
-Diagnostic errors: it can also happen that the pension (and permanent disability) is granted erroneously due to a failure in the diagnosis. If this is detected before or during a review, the pensioner’s pension will be taken away.
-About treatment: if the pensioner refuses to receive treatment, it can be considered as an attempt to maintain the pension despite having options for improvement.
-Develop an incompatible job: although partial and total disability allow certain jobs, there are certain functions that are incompatible with each degree of permanent disability. If they are carried out behind the back of Social Security, a fault will be incurred that will generate the loss of the benefit.
-Attempted Social Security fraud: if the benefit has been received through fraud against the body, the benefit will logically be lost.
-Trips abroad without proof of life: in those cases in which the pensioner transfers his residence to a foreign country without proving it with the corresponding proof of life, the right to collect the pension will also be lost. This is because, in case of not doing so, in the eyes of Social Security we could be recorded as deceased.
-Reckless activities: carrying out activities that are considered dangerous in the state that entitles the pension is another option for which the pension can be lost.
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