The General Social Security Law explains that permanent disability pensions, although they are for life, are not indefinite. This means that, in practice, many ex officio reviews usually occur around two years from the initial resolution, since the rule establishes that the pensioner’s situation can be re-examined sooner if certain circumstances occur. That is, there is no rule that says it cannot be reviewed before those first 24 months.
As stated in article 200 of the General Law of Social Security, the resolution by which permanent disability is recognized must establish the period from which the review may be requested due to aggravation or improvement of the disabling condition. This deadline is binding for all parties, including Social Security itself. However, the same rule introduces exceptions that allow review before that date, which explains why some pensioners are being called back by the medical court even before completing their first two years.
Cases in which Social Security can review ahead of time
Social Security can review a permanent disability pension ex officio before the ordinary period when any of the situations provided for in the law occur. These are the following:
- Performance of work by the pensioner: if the beneficiary is working, the INSS may promote the review before the date set in the initial resolution.
- Diagnostic error: when it is noted that there may have been an error in the medical assessment that led to the recognition of the pension, the review can also be brought forward.
- Aggravation or improvement of the condition: although the general rule is to respect the date indicated in the resolution, the pensioner’s situation can be reviewed to confirm whether the recognized degree is still adequate.
In fact, the Social Security website itself says that “the disability situation can be reviewed due to aggravation, improvement, diagnostic error or the performance of work, as long as the disabled person has not reached the retirement age, which may lead to confirmation or modification of the degree or to the extinction of the disability and, therefore, the pension.”
What can happen after going through the medical tribunal again
When the pensioner is summoned for a review, the Disability Assessment Team, known as the medical tribunal, once again studies his or her state of health and issues a report that will serve as the basis for the final decision of the INSS. From there, Social Security can make three decisions.
The first is to maintain the same degree of permanent disability and, therefore, maintain the pension under the same conditions. The second is to modify that degree, either because the beneficiary’s condition has worsened or because it has improved. And the third is to terminate the benefit if it is considered that there are no longer sufficient injuries or limitations to justify it.
Therefore, receiving a review notification does not automatically mean losing the pension, but it does mean that Social Security has decided to re-examine whether the requirements that led to its recognition continue to be met.
The Supreme Court remembers that the pension cannot be reviewed “whenever”
Although Social Security can advance the review in exceptional cases, the Supreme Court has recalled that it cannot do so freely and without respecting the law. In a ruling, the High Court confirmed that the deadline set in the initial resolution is binding and that the INSS cannot initiate a file ahead of time if the pensioner is not working and there is no diagnostic error.