In Spain, the process of applying for permanent disability allows individuals to leave the workforce when their health no longer permits them to continue working. However, securing this financial benefit is not straightforward. Applicants must demonstrate a significant reduction in the abilities needed to perform their usual profession—or any other—due to an accident or illness.
Securing permanent disability is not always successful, and sometimes the reasons given for denial can provoke public outrage. A recent case involving a woman with cancer, whose application for permanent disability was rejected, has sparked widespread controversy. The medical tribunal’s decision was based on their perception that her appearance did not reflect the seriousness of her illness.
The woman’s lawyer shared on social media that the tribunal’s doctor argued that the applicant appeared “too made-up and well-groomed” to seem ill. This information was reported by Fidelitis, a firm specializing in labor disabilities. “The doctor told her directly that she was too made-up and had her hair too styled to appear as if she had a serious illness. This was even noted in the medical report,” the lawyer stated in a video.
Understanding Permanent Disability in Spain
Permanent disability is a financial benefit provided by the Social Security system to workers who, after receiving medical treatment, are left with severe limitations that prevent them from adequately performing their job. The approval of these pensions largely depends on the judgment of the medical tribunal and the administration, which results in more than 53% of applications being denied, according to data from the National Institute of Social Security (INSS). However, the law firm Fidelitis claims that Social Security rejects over 90% of the annual applications for permanent work disability pensions.
Types of Work Disability Managed by Social Security
In Spain, the Social Security system oversees various types of work disability, primarily distinguishing between temporary and permanent disability.
Temporary Disability: Commonly referred to as sick leave, this is a daily subsidy that compensates for the loss of income while the worker is unable to work and receives medical care. By definition, this situation is temporary and has a maximum duration limit. Once medical treatment concludes, it is expected that the worker will be able to return to their job.
Temporary disability can arise from a variety of causes, including common illnesses, occupational diseases, workplace accidents, and non-work-related accidents. Depending on the cause, the requirements to qualify for medical leave and the amount of the subsidy can differ significantly.
On the other hand, permanent disability is recognized when a worker, after receiving medical treatment or suffering an accident, experiences severe anatomical or functional reductions that reduce or completely nullify their work capacity.
Steps to Obtain Permanent Disability Benefits
The journey to securing this benefit begins with the initiation of a file and a thorough evaluation of the worker by a medical authority. Following this, a tribunal made up of health professionals delivers a verdict that the administration considers when deciding whether to grant the pension. If denied, the applicant has the right to appeal the decision.
Disability Rights for Self-Employed Individuals
Self-employed individuals are also entitled to benefits for both temporary and permanent disability. However, they must meet specific requirements, and their access to coverage might be restricted based on the severity of the disability.