Nearly 50,000 people with recognized disabilities in Spain could access early retirement at age 56 when the Government publishes the next expansion of the official list of diseases, a reform that will add 11 new pathologies to the Annex of the Royal Decree 370/2023. But they must meet the requirements, which some are still not clear about. Labor lawyer Ignacio de la Calzada (@laboral_tips) warns on his TikTok account that the percentage of disability, by itself, does not open the door to the benefit. And that nuance, he warns, is what leaves thousands of workers convinced of a right that they do not actually have.
“There are 11 new diseases that allow you to retire earlier in Spain and most people have no idea,” the lawyer begins in the video. The piece, aimed at a non-specialized audience, recalls the normative origin of benefit. “This derives from a royal decree of 2009 that develops article 161 bis of the Social Security Law,” in reference to the Royal Decree 1851/2009which the Executive modified two years ago through Royal Decree 370/2023 to make the contribution years required for people with disabilities more flexible.
De la Calzada insists that the ordinary retirement age It is set at 66 years and 10 months in 2026, on the path of progressive rise until age 67, and that this early route is one of the few loopholes that Social Security maintains to retire earlier without suffering penalties. “If you have any of these diseases, you could collect your pension sooner and without cuts,” summarizes the lawyer.
The 45% trap that leaves thousands of people out
The core of the warning comes in the second half of the video. “Many people have 45% but they cannot retire earlier because it has nothing to do with the percentage. It has to do with this percentage of disability in relation to the diseases on the list,” he details.
That is, it is not enough for the competent body of the autonomous community to recognize a grade equal to or greater than 45%. The regulations require that this disability be caused by one of the pathologies listed in the Annex to the decree. If the cause is not on the list, whether it is an unforeseen traumatic sequelae or a degenerative disease outside the catalogue, retirement at age 56 is directly blocked. De la Calzada settles it with a final message addressed to the viewer. “Don’t let them fool you,” he warns.
The 11 pathologies that will be added to the list
The expansion prepared by the Ministry of Inclusion, Social Security and Migration, announced by the head of the department, Elma Saiz, as a “measure of justice for thousands of people who suffer from serious illnesses,” will add to the 21 pathologies that the current list already includes the following eleven:
- Spina bifida.
- Variant transthyretin amyloidosis.
- Parkinson’s.
- Myotonic dystrophy type 1 (Steinert disease).
- Huntington’s disease.
- Stage 5 chronic kidney disease.
- Systemic sclerosis.
- Spinal cord injury, with extension to non-traumatic causes.
- Corticobasal degeneration.
- Multiple system atrophy.
- Progressive supranuclear palsy.
The formal modification of the Annex to Royal Decree 370/2023 is pending publication in the BOE. Until then, the applications submitted continue to be governed by the current catalog of 21 diseases, which forces those who suffer from any of the new pathologies to wait for their entry into force to obtain the pension in this way.
Fifteen years of contributions, five with recognized disability
Beyond the list, early retirement due to disability requires meeting two contribution requirements that also often go unnoticed. “You must have contributed for a minimum of 15 years and 5 of these must be with a recognized disability,” emphasizes the lawyer. These five years are those that link the worker’s work history with the pathology included in the Annex, and must be accredited through the official report of the IMSERSO or the competent autonomous body.
Regarding the amount, De la Calzada clears up one of the most frequent doubts he receives on his networks. “People ask, does the pension have a cut? The answer is no. In these cases, 100% is collected.” The regulations establish that the time in which the retirement age is reduced is computed as contributions for the exclusive purpose of calculating the percentage applicable to the regulatory base, which neutralizes the effect of the advance on the final amount. A worker who retires at age 56 will receive the same pension as if he had retired until age 66 and 10 months, as long as he has enough years of contributions to reach the percentage he aspires to.
The lawyer closes his intervention by appealing to a group that, according to his defense, remains underrepresented in public information on pensions. “If you have any of these diseases or know someone who has any of these, send them this video,” he concludes.