Permanent disability in Spain is a benefit granted by Social Security to a worker who, due to an illness or accident, suffers a reduction or cancellation of their working capacity. This is obtained through a process that includes interviews with the Medical Court of the National Social Security Institute (INSS). This body, in addition to the initial assessment, is responsible, among other functions, for evaluating how the affected person is progressing, that is, whether their condition improves or worsens, to modify the degree of their disability. This quote examines the credibility of the applicant, as their answers can influence the final resolution. In this context, lawyer Pablo Ródenas has explained in a video published on his social networks what are the five trick questions that can affect the recognition of the benefit.
Ródenas points out that, although many of these issues appear innocent, the reality is that they help the Court assess the level of autonomy and coherence of the applicant’s clinical status. “It’s not about lying, it’s about not falling into language traps that can undermine your permanent disability,” stated the lawyer, who recommended preparing the appointment to avoid ambiguous answers or answers that imply a functional capacity greater than the real one.
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The five questions and what they really evaluate
“How did you come?”
This is the first one that the lawyer has resolved. It is one of the “determinants”, since, if the applicant answers “by car”, the Court will interpret “if you can drive, you can work”. In this case, the correct thing for him is to “explain whether you have come accompanied or with effort, even if the truth is that you are driving.”
“What do you do at home all day?”
The second most common question, according to Ródenas, is this, with which he states that they do not intend to know “your routine”, but “to know your level of autonomy”. However, he advises not to claim that “you clean, cook or walk”, this can be a bad answer and the expert considers that it is better to “explain that you do it with limitations, help or constant breaks”, so “you are telling the truth, but without losing points”.
“Do you think you could go back to your job?”
Ródenas recognizes that this may seem empathetic, but “deep down it is a psychological trap.” Responding with doubts or a “maybe” can be interpreted as the possibility of reinstatement. “Tell the truth, that your body or your mind does not allow it, even if you want it,” Ródenas insists.
“Do you take any kind of medication?”
It is possible that the fourth question, according to the specialist, is related to taking medication. “If you don’t remember it, it’s because you’re not taking it,” he says, “so write it down before you have an appointment at the medical court.”
“How are you feeling today?”
This last question is one of the most “treacherous,” indicates Ródenas, because “if you answer well, as far as possible,” the Court may consider it as an improvement.
Regulatory context and operation of the Medical Court
The assessment of permanent disability in Spain is governed by Royal Decree 1300/1995, which establishes the procedure to determine the degree of work limitation, although more recently it is governed by Law 2/2025. The Medical Court analyzes clinical reports, work history and diagnostic tests, but they also evaluate with a personal interview, which serves to compare the information provided.
The key for the lawyer is not “in lying”, but in “not falling into the traps of language that can sink your permanent disability.” Ródenas reminds us that the best thing is to “prepare the appointment,” since it is not a “medical talk” but rather a “credibility test.”