Contrary to what is commonly thought, the permanent disability pension It is not always for life, but depends on the degree of permanent disability. Today, Social Security recognizes four degrees: partial, total, absolute and severe disability. Having said that, the only financial benefit for permanent disability that is for life monthly, that is, charged for life each month, is total permanent disability (IPT).
Likewise, it can exceptionally be replaced by a flat-rate compensation, when the beneficiary is under 60 years of age. Now, the question now is, why aren’t the rest of the degrees of permanent disability charged for life? The answer is very simple and is given by the National Institute of Social Security through their website.
There is the figure of permanent disability reviewwhich means that it can be reviewed while the pensioner has not reached the age of access to retirement, and may give rise to the confirmation or modification of the degree or, even, to the termination of disability and, therefore, of the pension.
When the permanent disability pension is suspended
The disability pension can be extinguished by review of the declared disability or by recognition of the retirement pension when opting for it. It can also be suspended. In any case, it is vitally important to know that these economic benefits do not have uniform criteria, but rather depend on the Medical Courtwhich will assess the incapacity of the worker, or even of the Administration at all times.
the pensioner your pension will be suspended due to permanent disability in the following cases:
- When the beneficiary has acted fraudulently to obtain or retain the right to benefits.
When the permanent disability is due or has been aggravated as a result of reckless negligence of the beneficiary. - When the permanent disability is due to or has aggravated as a result of have rejected or abandonedwithout reasonable cause health treatment prescribed during the situation of temporary disability.
- When the beneficiary, without reasonable cause, refuse or abandon treatments or appropriate readaptation and rehabilitation processes.
What are the cases of termination of the pension?
the pensioner your financial benefit will be extinguished in the following circumstances:
- By revision with healing result.
- By death of the beneficiary.
- By recognition of the right to retirement pensionwhen opting for this pension.
- By ex officio review issued by the Managing Entity in any of the cases in which such action is legally permitted and the loss of the right to a pension is derived from it.
The term of the Social Security to grant the incapacity
Once the worker or worker begins the procedures, the application process intersperses seven phases, and includes going through a Medical Tribunal that determines the effect of the illness or illness on their daily and working life. The term that Social Security has to grant permanent disability is 135 business days to communicate the resolution and decide whether or not to grant the social benefit.
However, before the applicant receives the news about his request for permanent disability, the file has to go through different phases so that the resolution is as fair as possible:
- Stage 1. Application study, data and documents provided. Prerequisite check.
- Stage 2. Issuance of medical opinion.
- stage 3. Issuance of work disability proposal by the Disability Assessment Commission.
- Stage 4. Study of working life and all contributions made.
- stage 5. Final study and resolution proposal.
- Stage 6. Review and confirmation of the file.
- stage 7. Signature of the resolution.
