The general idea in citizenship is that, to get a pension (of whatever type) the initiative must come from the worker who considers that he or she has the right to it by meeting a series of requirements. However, there is a case in which, without asking for anything, you can get a pension. This happens with permanent disability pensions, but only in special situations.
And it is that the circumstance may arise that it is the Social Security itself that, without the citizen having initiated any procedure, proposes that a permanent disability pension be granted. This happens when, after a period of 18 months of temporary disability , the worker has not started any application for permanent disability.
According to the specialized law firm Campmany Abogados , that the Social Security begins this process does not in itself mean a guarantee of success: if the agency, through its different departments, considers after a detailed study that the citizen does not have the right to a pension , will have no doubts and will deny it. Therefore, and as in other cases, patience is recommended, since the process of obtaining a permanent disability pension always has its phases and time, taking up to 135 business days .
Everything will begin with the arrival of a registered letter to the citizen’s address . This letter, on behalf of the National Institute of Social Security, will inform you of the beginning of a file to determine whether or not you deserve that permanent disability pension and its degree. With it, a form will be included to start the process and a document called ‘official letter’, in which to make the pertinent allegations.
Thus, the citizen really begins the process when he fills in the form with all his personal and other information necessary for the application and the ‘office’ with all the details about his current state, influence of the disease or illness he suffers in his life. everyday …
When the citizen sends these documents, the next step is one of the most delicate: face the medical court . In this process it is important to go without tension or reluctance to the requests of its members, simply showing the reality of our state and without exaggerating.
After passing through the medical court, which does not have the power to determine whether there is a pension or not, a report will be sent to Social Security. Its provincial director (the one that corresponds according to the worker’s domicile) will be the one who decides if a favorable verdict is issued.
At this point, two things can happen:
-That they accept our permanent disability pension , be it partial, total, absolute or severe disability. If so, the worker will begin to receive it according to the indications of the Social Security.
-They deny the disability pension . It is a hard blow, but it is not the end: the worker has the right to appeal the decision.