When a person is granted the collection of a permanent disability pension, this pensioner is obliged to respect the possible decisions that Social Security adopts on that pension, such as reviewing said pension based on the health of the beneficiary himself.
Social Security has the right to summon the pensioner to various reviews in which his state of health will be verified to, if appropriate, change the degree of permanent disability of the pensioner, which will significantly affect the collection and amount of the pension. pension after the changes and, even, it can mean the end of the collection of the benefit if it is considered that the permanent disability no longer exists due to an improvement.
Just as not all people are summoned to a review of their disability, the change in disability when it is reviewed does not happen in all cases either. A review may well be settled without changes in the degree and payment of the disability: everything will depend on what the medical court decides, whose opinion is not binding but largely determines the decision of Social Security.
According to the Campmany experts, reviews of this disability usually occur due to variations in the patient’s health (either improvements or worsening of their condition), although they also take place due to changes in the work implications of the illness or illness. causes the worker.
When does a permanent disability review start?
In these cases, the origin of the review may be diverse. There are several reasons why Social Security summons the pensioner to the medical court to verify his permanent disability:
-If you receive reports from the public health services detailing news (improvements or worsening) in your condition, as well as new ailments that coincide with the one that caused the permanent disability.
-If it is proven that in the granting of permanent disability there could have been a diagnostic error.
-Also in cases that endanger the pensioner’s permanent disability due to negligence: in behaviors not consistent with the disability, when carrying out work activities that are theoretically not compatible…
Phases of the permanent disability review process
The permanent disability review process is made up of different phases (as is the process of granting these pensions) that Campmany Abogados details:
1. The first step is the notification by the Social Security of this review process, through a letter to the address in which the review is reported. A second letter may then arrive with the date and time of the review at the medical court.
2. The pensioner may present allegations within a period of 15 days. It is likely that an attachment will be included in the notice of process with the instructions for presenting those allegations. At this point it is necessary to argue why, in our opinion and with supporting medical criteria, our permanent disability should not be modified.
3. Then comes the time to pass the medical court. The purpose of this process is to facilitate the process for all parties. The pensioner, in any case, must be open to respond to the requests of the members of the court.
4. Social Security has 135 business days to make a decision: whether to maintain permanent disability, extend it (to a higher degree), reduce it (to a lower degree) or eliminate it. The body’s opinion comes through the sending of a letter, but in case of administrative silence it is understood that there will be no changes in the pension.
If the pensioner receives a communication in which he is informed that Social Security eliminates that permanent disability pension, he still has channels to appeal within the following 30 business days.
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