There is no specific catalog of diseases that can entitle you to a permanent disability pension. This is valid for all types of ailments, including those of a respiratory nature. Some of them can generate the right to some type of pension, but it depends on numerous variables.
Social Security is ultimately in charge of deciding under what circumstances the worker may have the option of obtaining a pension. The key is in the affectation of the disease in question in the working life of the worker and in the dependence on him for the essential acts of life. To do this, it uses the , which have an important but non-binding opinion. It is the body that, with all the information, must grant the pension or not.
Although there is no list of diseases that give the right to a pension, there are some that are among the usual list of ailments that usually open the door to a disability pension. The procedure for the recognition, declaration and qualification of the degree of disability establishes that “the diagnosis of the disease is not an evaluation criterion in itself” and insists that the decision about the hypothetical disability takes as reference “the severity of the consequences” of said disease, that is, the effects on daily life and work.
The regulations establish six types of disability classes (from 1 to 5) that are applied differently in each disease. In the case of respiratory diseases, variables such as Forced Vital Capacity (FVC), Forced Expiratory Volume in one second (FEV1) or lung diffusing capacity (DLCO) are assessed, aspects that are measured with spirometry.
Only classes 3 (with disabilities between 25 and 49%), 4 (with disabilities from 50 to 70%) and classes 5 (from 75% onwards) can grant the right to a disability pension, since the limit is at 33% from which you can aspire to partial permanent disability, the lowest degree, and provided that your illness causes a decrease in work even if it does not disable you for it.
If, on the contrary, it disqualifies you for your usual profession but not for other tasks, you could be entitled to total permanent disability. If he were disabled for any profession, it would be an absolute permanent disability and if he depended on third parties for essential acts of life we would be talking about a great disability.
In parallel to these general parameters, the regulations contemplate specific cases, specific diseases, in which to stop:
-Asthma and hypersensitivity pneumonitis: patients in class 1 and 2 who have exacerbation episodes (hospitalizations of at least 24 hours) every two months or with an average of six per year are entitled to 33% disability, while those who have class 3 under the same circumstances may have a minimum of 60%.
-Bronchiectasis: patients with complications caused by this disease or bronchopulmonary infections every two months or with an average of six a year will have a disability of between 25 and 49%, while if they suffer from pneumonia with the same frequency, the percentage will be between 50 and 70%.
In addition, in other ailments such as mucoviscidosis, sleep apnea syndrome or extrapulmonary diseases, disability will be measured by combining the effect they may have on other systems and devices. External complications that can be caused by lung transplants and pulmonary circulatory disorders such as pulmonary arterial hypertension and pulmonary embolism will also be taken into account.
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