When Social Security recognizes a permanent disability to a worker, depending on the degree, it can work in another profession other than what he had been doing. Now, the doubt always jumps about whether by accident or illness we are unable to return to work in this profession.It is possible to collect two permanent disability pensions at the same time?
In this sense, lawyer Víctor Arpa wanted to explain it clearly: “Two inability pensions of the same regime are never compatible, but there are assumptions in which they can accumulate.” Now, as he explains, there are exceptions according to the General Social Security Law.
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As stated in article 163 of the General Law of Social Security (which can be consulted in this Official State Gazette) It explains that “the pensions of this general regime will be incompatible with each other when they coincide in the same beneficiary, unless legal or regulation otherwise.”
This means that if a person, within the general regime, brings together the right to two inability pensions, must opt for a single of them. The same goes for the retirement pension in which, when the worker who charges a permanent disability reaches the legal retirement age, his benefit automatically goes to be called a retirement pension (unless the beneficiary expresses otherwise).
As Arpa explains: “It is not possible to collect two inability pensions of the same regime, nor one of disability and another of retirement at the same time. The INSS always forces to choose the one that is most beneficial.” Now, as explained, there are exceptions.
Exceptions when there are different regimes and widow’s pension
The law itself opens the door to certain exceptions. It is possible to perceive two permanent disability pensions provided they correspond to different regimes. Thus, a worker who has quoted as a wage earner in the general regime and subsequently as an autonomous in the reta can, if it meets the requirements of both systems, collect two disability benefits simultaneously.
In addition, disability pensions are compatible with the widow’s pension. “Yes, a permanent disability can be charged together with a widowhood pension, because they belong to different assumptions and the law allows it,” clarifies the lawyer. In these cases, we must bear in mind that social security applies a limit and is, that the sum of both pensions cannot exceed the maximum pension set every year in the State General Budget Law.
The requirements of both regimes must be met
Although it is different regimes, it is not enough to have quoted in both, since it is necessary that each one requires that their access conditions be met independently. You cannot add the contributions of two regimes to reach the minimum periods if two pensions are intended to be charged. If it is possible, however, accumulate quotes when a single pension is requested, provided that periods do not overlap over time.
This implies that, in order for two permanent disability pensions to be entitled, the worker must prove that he meets the requirements required separately in each regime. Otherwise, Social Security will recognize only one of them.
Víctor Arpa explains that “Social Security always forces to choose the most convenient pension, but each case is different.” Therefore, it recommends that if someone looks in this situation before making any decision, informing themselves well and going to a labor law specialist, since they can permanently affect the amount to be received.
The lawyer ends his video saying that “if you have doubts, advise yourself well. There are cases in which you can charge two pensions, but if you choose badly, you can lose important economic rights.”