Cookies Notice

This website uses cookies to help you have a better user experience. Cookies are not used to collect personal information. For more information, please see our cookies policy.

Portal de la Seguridad social
Go to Content Display drop down search field
Rate this page
Rate this content

Permanent Disability Pension

[D]

Permanent Disability pension procedure

Purpose:

This is a financial benefit that aims to cover the loss of income suffered by a worker when, due to illness or accident, their working capacity is reduced or cancelled.
Beneficiaries:

People included in any Social Security scheme who meet the requirements for each degree of disability.

Degrees:
  • Partial for the usual profession: Causes the worker to lose at least 33% of their performance in that occupation.
  • Total for the usual profession: It prevents the worker doing their usual occupation, but they may engage in another occupation.
  • Absolute for all work: It prevents the worker  from any profession or trade.
  • Severe disability: When  the permanently disabled worker needs the assistance of another person for the most essential acts of life.
Requirements:

Depending on the degree of disability, general and contribution requirements apply. If the disability is the result of an accident at work or an occupational disease, no prior contributions are required.
Amount:

It is determined by the regulatory base rate and the percentage applied according to the degree of permanent disability recognised.

  • Partial permanent disability, consisting of a flat-rate compensation (24 monthly payments of the base rate used to calculate the temporary disability).
  • Total permanent disability, 55% of the base rate. It will be increased by 20% from the age of 55 when, due to various circumstances, it is presumed that it will be difficult to obtain employment in an activity other than the usual one.
  • Absolute permanent disability, 100% of the base rate.
  • Severe disability, obtained by applying the percentage corresponding to total or absolute permanent disability – increased by a supplement – to the base rate
Economic effects:
Payment:

When the pension derives from a common disease or non-occupational accident, it is paid in 14 payments (monthly with two extra payments).
If it derives from an accident at work oroccupational disease, it is paid in 12 monthly instalments, as the extra payments are prorated over the monthly instalments.

It is revalued annually and has guaranteed monthly minimum amounts.   The pension is subject to personal income tax (IRPF), and pensions for absolute permanent disability and severe disability are exempt from withholding tax.
Compatibility / Incompatibility:
  • Partial permanent disability: It is compatible with any job, including the one you have been doing.
  • Total permanent disability: Compatible with any job except the same position in the company. 
  • Absolute permanent disability and severe disability: You can carry out activities compatible with your condition. From the age of retirement onwards, it is incompatible with employment or self-employment.

In all cases, if work is carried out that may be included in any of the Social Security schemes, there is an obligation to register and pay contributions, and this must be notified to the managing body.
Deadlines:

The provincial directorate of the INSS or of the ISM, as the case may be, will issue a decision within a maximum period of 135 days. If no decision is issued within this period, the application shall be deemed to have been rejected due to negative administrative silence.

If a hearing is necessary or additional documentation is requested, the interested party will have 10 days to submit contentions or submit the documentation. Also 10 days for the employer's contentions when they are responsible for lack of health and safety measures.
Suspension / Termination:

The pension may be terminated by a review of the declared disability, by recognition of the retirement pension when the pensioner opts for it, and by the death of the pensioner. It can also be suspended.
Forms:

Application for a permanent disability pension.
Documentation:

The documentation that must be submitted is listed in the application form.
Where it is processed:

At the provincial address of the INSS or of the ISM, where applicable, where the interested party is domiciled, except when the person resides abroad, where the procedure will be carried out at the provincial address of the INSS of the province where  accredits the last contributions in Spain. If the ISM is competent,  it will follow the territorial distribution of the ISM.
Competent body:
  • To declare the situation of permanent disability: the provincial directorates of the INSS through the  disability assessment teams (EVI), in all the phases of the procedure
  •  For the management and payment of permanent disability: the corresponding responsible entity (INSS, ISM or Mutua). 
Other important information:

Review: The situation of disability can be reviewed due to aggravation, improvement, misdiagnosis or due to the performance of work, as long as the disabled person has not reached retirement age, and can lead to the confirmation or amendment of the degree or the extinction of the disability and therefore of the pension.

Permanent disability pensions are renamed retirement pensions when their beneficiaries reach the age of 65.

When the reason for the disability is an accident at work or occupational disease and employer's liability has been established, the financial benefit shall be increased, depending on the seriousness, by 30 to 50 per cent.

In Catalonia , the functions of the EVIare carried out by the Catalan Institute for the Assessment of Disability and the Commission for the Assessment of Disability.

Frequently asked questions

Complementary Content
${loading}