Permanent disability is the situation in which a worker, due to illness or accidental accident or not, cannot continue to develop the work activity as it had been carried out, after having followed the corresponding medical treatment. This situation entitles a pension granting social security, but for which First, you have to go through the Medical Court or Disabilities Valuation Team (EVI). This team takes care of Evaluate Labor Disability Applications as well as proposing the degree of disability, which will be key to determining the future amount to be charged.
During the process, the Medical Court makes various recognitions and evidence to send an opinion or report that is sent to social security in which or not to be a beneficiary of the pension for permanent disability. It must be said, despite this, its decision is not final, since the latter corresponds to the Provincial Directorate of Social Security except for Catalonia, which has a specific body for the assessment of disabilities, this being the SGAM .
When preparing that report, the Medical Court will follow a criterion and that will affect the time of
Criteria of the Medical Court
The report prepared by the disabilities assessment equipment (EVI) is usually decisive when granting a permanent disability, hence many possible beneficiaries want to know what criteria are used. Now, although these criteria are usually applied in general, Social Security makes it clear that each procedure is unique. Even so, the criteria that are usually followed are the following:
- The influence of ailment or disease on work capacity of the citizen to determine if the worker can continue with his usual profession partially or not, or if he is not trained to work at all.
- He Patient’s medical history To identify if there are other conditions that can aggravate the patient’s situation. The accumulation of various ailments can increase the severity of the worker’s health status and affect the evaluation of their work capacity, that is, to grant a higher degree.
- POSSIBILITY OF PATIENT IMPROVEMENT. Although permanent disability is reviewable every two years, the Medical Court examines whether the ailment or disease has a possibility of improvement or, on the contrary, no, such as with degenerative diseases.
- Orientative criteria serve as a guide and are based on other previous medical reports. For this reason, experts always advise having the most up -to -date medical reports as possible.
In addition, during the exam a series of questions are usually asked to evaluate the status of the applicant, which some lawyers consider it as trap questions. These questions are as follows:
- How are you?
- Have you come alone or accompanied?
- Have you improved your illness or injury during medical leave?
- What is your usual job?
- What kind of tasks did you usually do in your job?
- Explain the difficulties you find when doing your work tasks.
- Do you agree with what the future or your specialist states about your ailments?
- What activities do you carry out in your day to day?
- How do your symptoms or sequelae affect you?
- Why has your pathology or injury passed?
- How do you feel today?
- Why do you think you need permanent disability?
In this situation it is best that the patient is never shown on the defensive, does not refuse to answer and not offer a single response to all issues. The biggest advice that they give from Social Security is that it respond with sincerity and that there is coherence between the responses and the medical documents that are facilitated.
The degrees of permanent disability
The permanent disability has four degrees, which depending on this may be partial, total, absolute or great disability, all of them included in article 194 of the General Social Security Law (LGSS). They are briefly explained and their difference.
- Partial permanent disability: reduces work performance by at least 33%, but allows you to continue performing the usual profession. A unique payment is granted instead of a monthly pension.
- Total permanent disability: It is the one that limits to work in your usual profession, but not to develop another that is compatible with its limitations. In this, a monthly pension is charged 55% of the regulatory base (75% are if it is a qualified disability).
- Absolute permanent disability: It disables the worker totally for any type of profession. The amount corresponds 100% of the regulatory base.
- Great disability: Like the absolute, but that requires a third person to perform the most essential acts of daily life. This situation is considered the most serious within grades of permanent disability. The amount to be charged for great disability will be 100% of the regulatory base, plus 45% of the minimum contribution base in force at the time of the recognition of the disability and 30% of the last contribution base of the worker. This last amount cannot be less than 45% of the pension due to absolute disability, not including the complement.