Permanent disability is the situation for which a worker, either due to illness or accident or not, has limited his functions to work, either partially, total or absolute. That is, to collect this Social Security pension, it is necessary to demonstrate that this ailment affects when working, so many wonder if having a disability entitles the permanent disability.
In this sense, Victor Arpa, labor lawyer and an expert in permanent disabilities, explained the differences and why having a disability helps, but does not entitle permanent disability. “Does disability help you get a permanent disability?” Start your video.
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“Disability does not entitle permanent disability”
The lawyer, Victor Arpa, begins explaining that “disability certifies a percentage on a physical, psychic or sensory deficiency” that affects us in our daily lives. On the other hand, permanent disability refers to how a ailment, either due to illness or accident, affects when working, either in our usual profession or in a totally different one.
As a result, he raises the question of whether “having recognized disability helps to get an inability.” At this point, he explains that if we have “less than 65 % disability, it almost never serves to get an inability”; Instead, if we have a “65 % or more, you can help you in a trial as an argument to demonstrate gravity.” However, it points out that Social Security is not based on this percentage to make its decision.
Social Security, or more specifically the disabilities assessment equipment (EVI), values whether the person can return to work or not, either partially or totally, and not the degree of disability that he has recognized. That is, the disease itself is not valued, but how it affects the person when performing a job.
A practical and real example
To understand it better, Victor Arpa gives the following example: “A person is blind, they give a 75 % disability. In addition, that blindness prevents him from working in any profession.” In this situation, Social Security “would grant an absolute permanent disability, but not because it has 75 % disability, but because it cannot work.”
“So why is 75 % important?” Arpa asks. “Because if social security refuses and goes to trial, that percentage reinforces the seriousness of the situation.”
Now, it is not always the case. The lawyer exposes the case of an eleven employee to whom Social Security denied the permanent disability in the degree of great disability. The reason was that, despite suffering blindness, his limitations did not need the continuous assistance of a third person for the essential activities of life, since he had been able to perform his usual work for several years without impediments.
“In summary, disability alone does not guarantee permanent disability, but in severe cases with more than 65 % it can be a great help in a trial,” concludes the lawyer.