In the Spanish context, social security plays a crucial role in providing a financial safety net for workers facing accidents or illness, providing a contributory pension which, in some cases, It can be combined with a professional activity.
Nearly a million beneficiaries discover that the administration begins the permanent disability procedure without the need to formally ask the worker. This first step does not guarantee approval, but establishes the starting point for the future procedure, all supported by law, in particular Royal Legislative Decree 8/2015, which requires Social Security to take the initiative in processing the permanent disability pension.
In common situations, workers usually first receive a temporary disability benefit, a medical leave lasting up to one year, which can be extended up to 540 days in case of possible improvements. If no improvement is noted, Social Security automatically begins the procedure for granting a disability pension.
The worker must appear at the medical court to be examined and receive a minimum degree of disability of 33%, followed by the definition of the type of disability, such as partial, total, absolute or severe disability. This process, according to Campmany Abogados, has several phases that last approximately 135 days administratively.
The initial letter from Social Security informs the worker of the start of the process and contains an official application form.. This can be accepted or rejected, and if accepted, the worker must complete the form or submit allegations.
The medical court carries out examinations and interviews to assess the disability and, finally, the acceptance or refusal of the pension is decided at the local level by the provincial director of social security. In the event of administrative silence after 135 days, it is assumed that the pension has been refused.