Permanent Disability Procedure
Below are details of the general procedure
What is the Social Security Permanent Disability Pension?
It is a benefit that a worker has the right to receive in the event that, after receiving prescribed treatment and being discharged from medical care, the worker develops serious anatomical or functional disorders which are presumed to be permanent, that reduce or annul their ability to work.
When does it start and what procedures must be carried out?
The procedure starts:
- Ex officio:
- At the initiative of the managing body when the worker is temporarily disabled and has been medically discharged due to the expiry of the time limit or because they are in a situation constituting permanent disability.
- At the request of the Labour Inspection Authority.
- At the request of the Public Health Service, providing the medical discharge and clinical history, with the authorisation of the interested party.
- At the request of the collaborating entities, which shall provide the worker's medical discharge, the clinical history and the previous file.
- At the request of the interested party:
- Complete the permanent disability application form.
- The personal and specific documentation indicated in the application form.
Workers not previously suffering from temporary disability, due to not having this contingency covered or not being registered should present the application to initiate the procedure.
During the enquiries phase, as many documents and medical tests as needed may be requested.
The Disability Assessment Team (DAT) will issue the decision-proposal, taking into account the summarised medical report prepared by the medical staff of the provincial head office of the INSS and the professional history report.
The provincial directors of the INSS or SMI, as applicable, will issue an express decision declaring the grade of disability, the amount of the economic benefit and the term from which a revision of incapacity may be performed due to worsening or improvement.
When does the right to receive the pension expire?
The pension may be terminated by a review of the disability, by recognition of a retirement pension if the pensioner opts for a retirement pension and by the death of the pensioner.