Classification and Review

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 review:

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

Review periods:

  • All initial or revised decisions that lead to the granting of benefits for permanent disability of any degree, or that confirm the previously recognised degree of disability, must state the time period following which a review may be requested due to a worsening or improvement in the individual's condition while the person with the disability is below the age established in art. 205 of the Consolidated Text of the LGSS for accessing the retirement pension.

    Notwithstanding the foregoing, the degree of permanent disability and the benefit initially awarded may be reviewed, even if the beneficiary has reached retirement age, if the disability is caused by occupational illness.

    When a period of time equal to or less than two years is specified in the initial resolution establishing the permanent disability, in order to conduct a review due to a foreseeable improvement in the disabling condition, 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 review 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. The permanently disabled pensioner carrying out any job as an employee or a self-employed worker. The National Social Security Institute may, by its own initiative or upon request by the beneficiary, instigate the review regardless of whether or not the period indicated in the resolution has elapsed.
    2. Misdiagnosis. The review may be carried out at any time while the individual is below the age established for receiving the retirement pension.
    3. In the event of new ailments.
  • The remaining resolutions, especially those rejecting the review requests, cannot have a fixed time period since a new review may be initiated at any time.

Conditions 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.
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