Workers who, due to a disease or accident, cannot continue to exercise their work activity in the same conditions, or even in any way or exercise any type of profession, can access the permanent disability pension of Social Security, of which there are different degrees.
To do this, we must go through a medical court that is known as the Inability Assessment Team (EVI), who after its assessment issues the National Social Security Institute (INSS) if the person is worthy of this pension and to what degree. Therefore, many people wonder: what do they ask in this court?
You may be interested
Social security denies permanent disability to an administrative with cancer and fibromyalgia because their ailments “do not prevent it from moving and developing sedentary activities” and justice orders to grant the absolute
A Mercadona baker achieves permanent disability after the Social Security was denied and that was fired for ineptitude overcome
The labor lawyer Andrés Millán, known in social networks as ‘Lawtips’, has directly interviewed a doctor to explain ‘from within’ what “trap questions” are doing doctors now when granting you the permanent disability in 2025.
“What the incapacity evaluation team intends to see the coherence between medical reports, work reports and the life that the subject leads. Then, for example, if we ask what life makes at home and it turns out that this person is moving butane, then we know that what he is saying that in his work he cannot move weights, because it is not true,” he begins, he begins by explaining the doctor.
“The doctor can physically explore and observe that there is no coherence between what he says and what he really has”
Then, Millán asks what the first thing that the person who is opting for permanent disability is going to have to answer. “First you can ask you many things about work: how do you feel at work? Do you think you can lift weight? Do you think you can be standing for a long time? Those questions will be in relation to the disease that is limiting their work activity. Then, the person must be sincere, should not try to deceive because if he does not say what is true, the doctor can detect it through the reports he has,” he replies.
To this, he adds “another important thing”, and that is that “the doctor can explore physically and then observe that there is no coherence between what the person says and what he really has.”
“Do not medicate before going to the Medical Court”
For his part, the labor lawyer warns that care must be taken not omitting relevant details. For example, he explains that if you wonder how you are not answered only “very well.” “He adds very well, but I have a low back pain, this hurts, the other hurts.” Another advice that gives is that “do not moderate before going to the Medical Court, type take an analgesic or something, because then you will find yourself great and the symptoms in your physique that should be reflected will not be appreciated.”
Important question: Have you come alone or accompanied?
Another question that Millán explains, is whether it has gone to the evaluation alone or accompanied. “In principle, if we are accompanied, it is because we have less capacity or autonomy to move. Maybe we have been accompanied because we are moving in a wheelchair, okay? Then, it would not be very coherent either that we enter when we say that we cannot walk or things of this type,” says the doctor.
Nor would it be consistent to arrive “with tight clothes when something physically hurts, it is supposed to go comfortably, comfortable and that we are sentenced as if nothing. When everything hurts us. That is not logical,” adds the lawyer.
On the latter, the doctor confirms that it is thus: “If the disease is a disease of the locomotor apparatus and that mobility limits us, then there must be coherence between that limitation of mobility and our movements within the consultation when sitting or when we get up, for example.” In this sense, the lawyer explains that there is another test: “The same if they throw a ball, do not bend down to pick it up if you are wrong,” he concludes.