Getting Social Security to grant a pension for permanent disability does not depend only on having an illness or having been on sick leave for months due to temporary disability. It also influences how the procedure is planned, when it begins and whether the worker meets all the requirements demanded by Social Security. Regarding this process, labor lawyer Víctor Arpa has explained what are “the five mistakes that you cannot make if you do not want your permanent disability to be denied” and that “many workers make them without realizing it.”
The first, as he explains, is “requesting disability too soon.” In this sense, he says that “many people believe that a diagnosis or being on sick leave is enough,” when the reality is different. Permanent disability is not granted just for suffering from an illness, but for how that illness reduces or eliminates the ability to work. For this reason, Arpa remembers that “Social Security usually waits until the treatment has passed and there are stable consequences.” Hence, leave due to temporary disability can be extended up to 545 days and in exceptional cases, up to 730 days.
In this sense, many workers begin the procedures when they are still in the middle of the medical process, with open treatments or clear possibilities for improvement. In these cases, the application may fail because Social Security considers that a consolidated situation does not yet exist. Hence, the lawyer insists on the importance of waiting for the right time and having updated medical reports that clearly reflect the real limitations.
Do not claim, exaggerate or present the application incorrectly
The second mistake is “giving up when the first refusal comes.” Arpa assures that “this happens a lot.” Regarding Social Security denials, the lawyer says that “many disabilities are later obtained in the courts,” he says. That is to say, an initial denial does not always mean that the worker does not have the right, but in many cases recognition ends up coming through judicial means.
For this reason, the lawyer recommends not throwing in the towel right away. Each file must be analyzed individually, reviewing both the clinical status and the usual profession, the documentation provided and the arguments used by Social Security to deny the benefit. Many times the problem is not the lack of law, but how the case has been presented.
The third error has to do with the appearance before the medical tribunal. Arpa warns that “exaggerating in the medical court” can be an important failure. “It seems like a good idea, but it usually goes wrong,” he explains. In his opinion, the doctors “have your reports and a lot of experience detecting inconsistencies.” Therefore, he recommends being natural, explaining what exactly happens to us and what limitations we have. It is not necessary to overact or try to pretend a situation different from that reflected in the clinical reports and reports.
Another very common mistake is “submitting the application incorrectly.” In this section, the lawyer recalls that many denials occur because “there are missing reports, incomplete data or key documentation.” It is not enough to submit a generic request. It is necessary to accompany it with solid medical evidence, clinical history, specialist reports and all documentation that can prove how the consequences affect the performance of normal work.
The fifth mistake, and one of the most forgotten, is “not even checking first if you meet the contribution requirements.” Arpa reminds that permanent disability does not depend only on the illness, but also on the contribution career in those cases in which the law requires it. Therefore, before starting the procedure, it is advisable to check whether the necessary contributions are met to avoid a refusal for a strictly administrative reason.
Thus and for everything explained, the lawyer says that “the disability not only depends on the disease, but also on how you prepare the procedure.” And he adds that, if there are doubts or a denial has already arrived, it is best to review the case carefully and seek advice.