Optional Replacement Appeal

Purpose:

All administrative decisions of the TGSS  that bring an end to the administrative procedure, except for decisions in appeals for the review of a decision of a public body.

It is optional, the individual may go directly to judicial review.

Minimum appeal content:

  • The personal details of the applicant.
  • Where appropriate, the personal details of the representative.
  • Information identifying the decision that is being appealed and the reason for the appeal.
  • Place, date and signature of the applicant or, where appropriate, the representative, as well as the specified address for notifications.
  • Administrative body, centre or department to which it is being sent.
  • When acting through a representative, proof must be provided of the granted representation.

Application forms

En la siguiente tabla podrá descargarse los siguientes Documentos.
Documentos Download Fecha
Granting power of attorney by appearance Descargar documento Granting power of attorney by appearance. The document will open in a new window.(PDF,132 KB) 18/05/2012
Discretionary Appeal for Reversal Descargar documento Discretionary Appeal for Reversal. The document will open in a new window.(PDF,208 KB) 18/05/2012

Form and place of submission:

  • You can submit your application in person, at any of the registers of the Provincial Directorates, Administrative Offices or Sub-Offices that form the Social Security Treasury General, as well as in any of the places set forth in article 38.4 of Law 30/1992 of 26 November, on the Legal Regime of Public Administrations and the Common Administrative Procedure, as amended by Law 4/1999 of 13 January (B.O.E. of 14/01/1999).
  • If you have a digital certificate, you can submit your application electronically in the e-Office through the procedure Filing appeals with the TGSS, and subsequently check its status through the service Monitoring appeals with the TGSS.

Competent Entity:

Deadlines:

Filing the claim:

  • One month if the decision being appealed were explicit, counting from the day following its notification or publication.
  • Three months counting from the day after the result of administrative silence.

For resolution:

  • One month counting from the day of receipt of the appeal in any register of the TGSS.

Effective:

Due to lodging an appeal:

Lodging the appeal does not suspend execution of the objected decision unless, for collection management decisions, sufficient collateral is guaranteed or the amount of the debt claimed is deposited to the TGSS, including charges, interest and procedural costs, in accordance with articles 30.5 and 34.4 of the General Social Security Act.

Due to the lack of one or more of the minimum requirements for lodging an appeal:

Failure to meet one or several requirements listed in the "minimum appeal content" section and those demanded, if applicable, by specific applicable legislation, will require the interested party to supply what is missing or provide the mandatory documents within ten days. Failure to do this will result in the abandonment of the appeal.

Due to a lack of express decision within the maximum legal time period:

Rejections, except when the appeal is formulated against rejection by administrative silence of an initial application due to exceeding the deadline, in which case the appeal has been accepted.

Due to an express decision:

  • Total acceptance.
  • Partial acceptance.
  • Rejection.
  • Inadmissible for processing.

Other important information:

  • Applicable Legislation:
    • Articles 107 and subsequent of Law 30/1992, of 26 November, on the Legal Regime of Public Administrations and the Common Administrative Procedures.
    • Articles 30 and 34 and Additional Provision Twenty-five of the General Social Security Act.
      Article 46 of the General Regulation of Social Security Collection, approved by Royal Decree 1415/2004, of 11 June.
    • Article 91 of the General Regulation on Contribution and Payment of other rights of Social Security, approved by Royal Decree 2064/1995, of 22 December.
    • Article 63 of the General Regulation on Registration of Companies and Affiliation, Registering, Deregistering and Changes of Worker Information in Social Security.
  • Monitoring appeals against the TGSS
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