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Assessment / Classification / Review

When living abroad, in which Provincial Office should the disability be classified?

If the applicant lives outside Spain, it will be the Provincial Office of the INSS in the province where the originator establishes or alleges that the last contributions were made that will determine qualification and reviews.

If a contingency is covered by a Social Security Partner Mutual Society, who is responsible for adjudicating and reviewing a permanent disability?

Article 1 of Royal Decree 1300/95 establishes that the National Social Security Institute will be responsible for evaluating, classifying and reviewing, regardless of the Management Body (INSS or ISM ) or Collaborating Body covering the contingency in question.

Who grants the right to non-disabling permanent injury benefits?

It is the responsibility of the INSS to check the existence of these injuries and acknowledge the right to the relevant benefits.

Can a company begin the procedure of granting a permanent disability pension?

The companies themselves are only authorised to begin the procedure if they collaborate in the management. In addition, they are only authorised to begin the review procedure but not the initial declaration procedure so long as they are responsible for the benefits.

The three ways for beginning this recognition are: official, at the request of the worker or their representative and the request of the collaborating bodies (Mutuals for Work-related Injury and Occupational Disease Insurance or collaborating company).

The official way includes, amongst other assumptions, the itemised requests of the Employment and Social Security Inspectorate whom the company may approach for this purpose.

Can I terminate the process for obtaining a permanent disability pension by waiving my right to it?

Waivers filed by workers, are considered to be excluded from the Social Security scope of protection, since economic benefits from the system are understood to be non-waivable.

In accordance with |art.  4 of R.D.  1300/1995, of 21 July, the work-related disability procedure is carried out automatically in all of its stages until completion.

Is it possible to review a permanent disability in a person over 65?

The disability can be reviewed at any time and so long as the disabled person has not reached the age established for receiving the retirement pension (currently 65).

As an exception to this principle, the management body can review the degree of permanent disability and, consequently, the economic benefit initially awarded if the disability results from an occupational disease, even if the individual in question is over 65 years old.

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