Permanent disability claims

If an illness or an accident means you can no longer work as you did, permanent disability (incapacidad permanente) is the protection Spanish Social Security provides. We advise on every degree, whether it stems from a common illness, an accident or an occupational disease, and we represent you before the National Social Security Institute (INSS) and, if needed, before the social court (Juzgado de lo Social).

What we do in permanent disability claims

• We assess your case with your medical reports and employment history, and tell you honestly whether it has a real prospect. If something isn't viable, we'll tell you.
• We file your application with the INSS and help you prepare for the assessment by the Disability Assessment Team (Equipo de Valoración de Incapacidades, EVI), the so-called "medical tribunal" (tribunal médico).
• We review the decision: the degree, whether the cause is treated as common or work-related (contingencia) and the calculation base (base reguladora).
• We challenge refusals with the prior administrative claim (reclamación previa) and, if it fails, before the social court.
• We stay with you afterwards: reviews, compatibility with work, and penalties or disputes linked to your benefit.

Common situations

• The INSS has refused your claim or awarded a lower degree than you believe you're entitled to.
• You've been on sick leave (incapacidad temporal) for a long time, close to the maximum, and don't know what happens next.
• Your condition stems from an accident at work, but it's being treated as a common illness.
• You've been called in for a review and fear losing your pension, or your health has worsened and you want to apply for a higher degree.

The degrees at a glance

• Partial: it reduces your performance in your usual occupation without preventing you from doing its core tasks. It entitles you to a one-off lump sum.
• Total: it prevents you from doing your usual occupation, but not another one. As a general rule, the pension is 55% of the calculation base, and it may rise to 75% from the age of 55 if finding other work is presumed to be difficult (total cualificada).
• Absolute: it rules out any occupation or trade. As a general rule, the pension is 100% of the calculation base.
• Severe disability (gran incapacidad, formerly gran invalidez): you also need another person's help with the essential acts of daily life; the pension carries a supplement to pay for that help.

How we handle your case

1. Free first consultation: you tell us your situation and we see whether it has a real prospect.
2. Review of your documents: real options and deadlines.
3. A proposal with a transparent quote, before we start and with no obligation.
4. We handle the case: you always deal directly with the lawyer handling your case, and we reply within 24 working hours.

Deadlines worth knowing

• Prior administrative claim: compulsory before going to court; as a general rule, 30 working days from the day after notification of the decision.
• Court claim: if the INSS rejects the claim or doesn't reply within 45 days, you have 30 working days to bring a claim before the social court.
• Your contract: since May 2025, total, absolute or severe disability no longer ends your employment contract automatically. If you want to stay, tell your employer in writing within 10 calendar days of being notified of the decision; your employer must then consider reasonable adjustments or a change of post. If you carry on in a post that is incompatible with the pension, the pension is suspended while you hold it.

What to bring to your first consultation

• Recent medical reports: specialists, tests, treatments and hospital stays.
• Your sick leave and return-to-work certificates (partes de baja y de alta), and any letters from the INSS or the mutual insurer (mutua).
• The INSS decision and the EVI's proposed assessment (dictamen-propuesta), if you have them, with the date you were notified.
• Your employment history report (informe de vida laboral) and a description of your job's tasks.
• The accident-at-work report, if there was one.

Fees

Your first permanent disability consultation is free. Further consultations by phone or video (45 minutes) cost from €50 + VAT (€100 + VAT on Saturdays), and at our office on Núñez de Balboa 120 (60 minutes) from €65 + VAT, by appointment. If you instruct us, the consultation fee is deducted. Book your permanent disability consultation.

Would you like a lawyer on hand all year? There are monthly plans for individuals from €85/month + VAT. If the dispute is with your employer, we cover it under dismissals and employment claims. And on our employment and social security blog you'll find more articles on disability.

Frequently asked questions

What should I do if my permanent disability claim is refused?

As a general rule, you have 30 working days from notification to file a prior administrative claim with the INSS. Bring us the decision and your reports and we'll assess with you whether it's worth it.

Can I work with a permanent disability?

It depends on the degree. With total disability, the pension is compatible with a job whose duties differ from those that led to the disability. With absolute and severe disability, if the job means registering with Social Security, payment of the pension is suspended while it lasts, and the degree may be reviewed. Check with us before accepting a job.

Can my disability be taken away?

As a general rule, it can be reviewed for improvement or worsening until you reach retirement age, from the date stated in the decision (earlier if you are working). If you're called in, take recent medical reports. If your health has worsened, you can ask for a review yourself.

Do I need a minimum contribution record?

If the disability stems from an accident, whether at work or not, or from an occupational disease, no. If it stems from a common illness, yes: the minimum depends on the degree and, for pensions, on your age.