The permanent disability It is a benefit that, although Social Security defines it as a life pensionactually it is not. All disability pensions, in any of their degrees (total, absolute or major disability), are reviewable. This implies that, In each review, Social Security may increase or decrease the degree disability, as well as remove it. However, this is not the only situation in which the benefit can be suspended. There are also other reasons, such as fraudulent behavior, termination of the right or incompatibilities.
Social Security does not have a minimum number of reviews or a predefined period to carry them out; This varies depending on the situation of each beneficiary. That is, there are people who will never be called for review, while others may be called on different occasions. Although there is no standard that sets an exact deadline, in practice reviews are usually carried out every two years.
On the other hand, permanent disability pensions are reviewable, but this review is no longer possible when the beneficiary reaches ordinary retirement age. At that moment, the disability automatically becomes a contributory retirement pension, and Social Security will no longer be able to modify it. This process is regulated in article 200.2 of the consolidated text of the General Social Security Law.
Causes for pension withdrawal
The Social Security can suspend or withdraw the payment of pension due to permanent disability in several specific circumstances, as long as these comply with the assumptions included in the General Social Security Law. These causes respond to specific situations that directly affect the requirements or conditions that gave rise to the right to the contributory benefit.
Disability improvement
The permanent disability can be withdrawn if, after a medical review by the INSS Medical Court, it is determined that there has been an improvement in the beneficiary’s health status. This improvement may lead to a reduction in the degree of disability or the total withdrawal of the benefit if it is considered that the beneficiary no longer meets the requirements to maintain it. In the case of permanent total disability, withdrawal is more common, since there is no monthly lower grade (like partial disability, which is a one-time, non-recurring payment).
Not going to medical check-ups
The beneficiary of a pension for permanent disability may lose it if he does not attend the medical examinations required by Social Security to evaluate his degree of disability. It is mandatory that the beneficiary attend these reviews before the INSS court. Lack of attendance would be interpreted as disinterest, which would lead to withdrawal of payment of the benefit.
Diagnostic error
Another cause that can cause the loss of the pension due to total permanent disability is a possible diagnostic error by the Medical Court. It may happen that, after the first medical examination, the court grants a pension for permanent total disability, but later they realize an error in the initial diagnosis. In this case, they would request a new medical examination of the affected person, and if the new diagnosis reveals that the disability affects less than initially indicated, the beneficiary would stop receiving the monthly benefit.
Aggravation of the disease
Also, the pension for total permanent disability may stop being collected due to the worsening of the degree of disability. In this case, the benefit is not lost, but rather the usual amount is no longer received in order to collect a different amount (greater than a higher degree), depending on whether it is a degree of absolute disability or even great disability.
Death of the beneficiary
Finally, it is also important to detail that the permanent disability pension would stop being collected if the beneficiary dies. This benefit is paid exclusively to those affected by the disability, so in the event of death, the INSS will stop paying the corresponding monthly amount, since the relatives of the deceased cannot be beneficiaries of said pension.
What do I do if my permanent disability is removed?
If after a review, Social Security withdraws the pension for permanent disability, you can file a prior claim through the INSS Electronic Headquarters or at its physical offices (can be accessed from this link). This step is mandatory before going to court.
In the event that the previous claim is denied, a claim can be filed in the corresponding Social Courts. If they do not agree, you can file an appeal before the Superior Court of Justice of your Autonomous Community. As a last opportunity and in exceptional cases, an appeal can be presented for the unification of doctrine before the Supreme Court.