Many workers with a chronic illness or the consequences of an accident have a recognized degree of disability and assume that this opens the door to a permanent disability pension. This is not the case, because these are two different recognitions granted by different administrations, as explained by the lawyers specialized in disabilities Luis Alfonso and Alberto Iglesias, from the Abogados Cuatro firm. “Having been granted a disability does not automatically grant you a disability,” they say, something that lawyer Víctor Arpa also agrees with.
In permanent disability “your ability to work is valued,” while in disability “the limitations in your daily life are valued,” they explain. Disability is recognized by Social Security, after going through the medical court (Disability Assessment Team), and disability, by the body of the autonomous community where the person resides (the Imserso in Ceuta and Melilla), according to article 6 of Royal Decree 888/2022.
Four degrees versus a percentage
The degrees of permanent disability are partial, total, absolute and great disability (also known as great disability). On the other hand, disability “is measured in percentage”, and a person with a disability is considered someone who reaches at least 33%.
Regarding the economic aspect, with disability “you can collect a monthly pension”, except for the partial one, which is paid at once with 24 monthly payments of the regulatory base (flat-rate payment). With disability “you don’t receive a pension but your income will be better,” they point out. That advantage is the minimum for personal income tax disability, which leaves 3,000 euros per year free of tax from 33% and 9,000 from 65%, plus another 3,000 for assistance expenses with that 65% or if help from another person is needed or there is reduced mobility (it is included in article 60 of the Personal Income Tax Law).
Now, as an exception, those who are between 18 and 65 years old, have a degree of 65% or more and have little income can request a non-contributory disability pension (it is regulated by article 363 of the LGSS).
Another difference is that while with a disability you are “limited to work” partially or totally for your usual profession or absolutely for any type of work, with a disability you can “work with it.”
The comparison works only one way.
What can happen is the opposite step, because “being granted disability may mean that your disability is directly recognized,” the office insists.
The General Law on the rights of people with disabilities and their social inclusion (can be consulted in this BOE) gives 33% to pensioners with total, absolute or severe disability, but only for the rights of accessibility, participation, equality and work. In personal income tax, article 60.3 also considers that 33% accredited, but outside of those cases the certificate is necessary, and the Supreme Court has already rejected that the pension is simply equivalent to 33% in situations prior to Law 3/2023, which limited the equalization.
The novelty came with Law 4/2026, of October 1, in force since October 23. It maintains this equality and opens a way for the pensioner who believes that his grade exceeds 33%, since the person “may request the assessment based on his real disability.”
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“Although they are often confused, they have very different purposes and effects,” the lawyers emphasize.