Social Security

Assessment

The National Social Security Institute, though its corresponding management organs, is responsible for assessing, qualifying and reviewing eligibility for contributory Social Security benefits for permanent disability in all steps of the procedure, as well as of determining the contingencies that caused this condition.

Revision

Reasons for Revision:

• Worsening.
• Improvement.
• <Misdiagnosis.
• The pensioner works as an employee or self-employed worker.

Review Periods:

• Any resolution, initial or revision, which "establishes the right" to permanent disability benefits, in whatever degree, or "confirms the degree previously established", must indicate the period from which a revision due to worsening or improvement may be initiated, as long as the disabled person has not reached the retirement pension age of 65.
  
  Despite the indications in the previous paragraph, the degree of permanent disability and the benefit initially awarded may be revised, even if the beneficiary has reached the age of 65, if the disability is caused by occupational disease.
  
  When, in order to be able to request a revision due to foreseeable improvement of the disabling condition, a period of time equal to or less than two years is specified in the initial resolution establishing the permanent disability, the worker has the right to reserve his or her job, for two years from the date of the resolution that establishes the permanent disability.
  
  
• This revision period is binding on all individuals and it may not be requested prior to the completion of the period, except in the following cases:

1. Carrying out any job as an employee or a self-employed worker by the permanently disabled pensioner. The National Social Security Office may, on its own initiative or at the request of the beneficiary, instigate the revision regardless of whether or not the period indicated in the resolution has passed.
2. Misdiagnosis. The revision may be carried out at any time, as long as the beneficiary has not reached the age of 65.
3. In the event of additional new ailments.

• The remaining resolutions, especially those rejecting the revision requests, cannot have a fixed time period since a new revision may be initiated at any time.

Effects of the Review:

• Confirmation of the degree of disability.
• Modification of the degree of disability and, as a result, of the benefit.
• Termination of the disability and, as a result of the pension.