The process of obtaining a permanent disability pension is sometimes a struggle on the part of the would-be pensioner after many months of temporary leave that threatens to have long-term consequences. However, there are cases in which the proposal comes from Social Security itself, even before the worker begins the procedures to request it.
the body has the power to initiate a proposal for permanent disability that entitles the worker to a pension if, after 18 months of temporary disability, the worker himself has not initiated the procedures to request it on his own.
The person in charge of notifying the worker is the National Institute of Social Security, and the way to do it is through a certificate sent to the worker’s home, who can also previously receive an SMS to his mobile phone in which he will advance , without going into details, that the body is going to propose that permanent disability be granted.
Receipt of this charge, however, cannot be taken as confirmation that the pension will be awarded to us. From Campmany Abogados they assure that, like many of them are granted, many others are not. Therefore, although it is good news, you have to keep a cool head and not have high expectations.
The process, yes, begins at that moment: in said letter, the worker will receive a form in which to request permanent disability (in it you must include personal, bank details…) and another sheet, called ‘official’, in which to present allegations to the Social Security proposal. These allegations can be positive, that is, the worker can support this proposal and be in favor of receiving the disability and, therefore, the pension.
Once the documents are sent, the next step is usually the summons of a medical panel. It is a procedure that, although common, in times of pandemic can be replaced by an administrative resolution, although it is not frequent. In this court () the worker may be asked for certain actions to assess his condition, as well as some information out loud that illustrates his work abilities and ease in his routine life.
After the visit to the medical court, the worker must wait. The opinion that he sends is not binding despite the weight that it really has: the final decision will be made by the provincial director of Social Security, who will establish whether or not the citizen is entitled to disability (and a pension), and its degree. The decision process can be long, up to 135 days, so the would-be pensioner must remain calm.
In the event that Social Security, even though the process has started, denies the disability, the worker has the right to appeal that decision and claim.
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