Procedures with the State always require patience, an essential ingredient in the process of obtaining permanent disability. In this case, the workers’ file has to go through seven phases before the National Institute of Social Security (INSS) issues the resolution of their pension. Hence, applicants wonder how long it takes the administration to grant this social benefit that, in 2023, registers an 8.5% increase in its amounts, as happened by the Government of Spain at the proposal of 2022, at the proposal of the Ministry of Inclusion, Social Security and Migrations, led by José Luis Escrivá.
It is a pension whose objective is to cover the loss of income suffered by a worker when his working capacity is reduced or cancelled, as a result of an illness or accident. People included in any Social Security scheme who meet the requirements for each degree of disability can opt for it: partial, the decrease is not less than 33% in performance for the profession; total, if disabled for the habitual profession, but can perform a different one; absolute, if it disqualifies for any profession or trade; and of great disability, when the assistance of another person is necessary for the essential acts of life.
Another issue to take into account is that, on January 1, 2023, the revaluation of 8.5% of contributory pensions came into force, which directly affects permanent disability pensions, which reach close to one million of people in Spain, according to data from the Executive at the end of 2022. That is why their maximum and minimum amounts have changed for this year, although it must not be forgotten that Social Security reserves the right to suspend, terminate or eliminate this social benefit due to the death of the beneficiary.
The term of the Social Security to grant the disability
Those who request a permanent disability pension should know that Social Security has a maximum period of 135 business days to communicate the resolution and decide whether or not to grant the social benefit. Therefore, this supposes that the fines for the week and the holidays of that period are discounted.
However, Social Security does not usually take that long to resolve the temporary disability file. Its status can be consulted electronically, or it is possible to wait for the resolution in writing, which will arrive at home. When the notification is received, not only will it be known if the pension is approved, but also the grade that is granted and the amount of the monthly payment that will be received in the event that this amount is opted for. On the contrary, if no response is obtained, administrative silence means that the request is deemed denied and, then, the decision can be appealed.
This period of time is longer than that of retirement and widowhood pensions, of 90 days, which is due to the fact that it is paid due to the influence of an illness on the work or daily life of a worker, and this is more difficult to determine that other issues, such as the arrival of retirement age or the death of a person who gives the right to receive the benefit.
Why does the file go through before it is resolved?
However, before the applicant receives the news about his request for permanent disability, the file has to go through different phases so that the resolution is as fair as possible:
Stage 1. Study of the application, data and documents provided. Verification of prerequisites. Stage 2. Issuance of medical opinion. Stage 3. Issuance of work disability proposal by the Disability Assessment Commission. Stage 4. Study of working life and all contributions made. Stage 5. Final study and resolution proposal Stage 6. Review and confirmation of the file Stage 7. Signature of the resolution.
How to request permanent disability
As usual, the first step in the processing of permanent disability is the opening of the application file. This can be done by the interested party through the Social Security Electronic Office, on the online pension request platform. If you prefer to do it in person, you must make an appointment.
Although it may be the Social Security, the Labor Inspectorate or the Public Health Service that initiated the procedures if it understands that the citizen is likely to enter into the process. But this does not guarantee that the pension will be received.
In the event that Social Security does not request additional documentation, for which the worker has a period of ten days, he must wait for the call from the Medical Court, the Disability Assessment Team (EVI). Their task is to determine the effect of the illness or disease on their daily life and work, and to prepare a recommendation to deny or grant the permanent disability pension, as well as the degree of the same. This opinion is sent to the INSS, which is in charge of making the decision.
