What questions does the Medical Court ask you to give you permanent disability?

Workers who suffer from an illness or accident due to which their working capacity is reduced or annulled, foreseeably permanently, can receive a contributory pension for permanent disability. But, in order to obtain this benefit, which is in the hands of the National Institute of Social Security (INSS), applicants must first go through the Disability Assessment Team (EVI)which decides whether to grant or deny it and its degree –partial, total, absolute or great disability-, depending on whether or not they meet the necessary requirements for it. Hence, patients consider what questions does the Medical Tribunal ask.

The objective of the permanent disability pension is to cover the loss of income that the worker suffers. One of the issues that must be taken into account is that, to start the procedures before the body dependent on the Ministry of Inclusion, Social Security and Migrations, led by José Luis Escrivá, there are three ways: ex officioat the request of the collaborating entities or the interested party, in the Provincial Directorate of the National Institute of Social Securityor in the Social Institute of the Navy (ISM)as established in the Electronic Office of the Social Security.

The application process is very different from that of other contributory benefits, since the applicant has to go through different processes before receiving the response from Social Security, which has 135 business days. But there is something that does not vary and it is the 8% increase of the amounts, as established by the Government of Spain in the General State Budget for 2023.

The five ‘trick’ questions that the Medical Court asks

Although, at times, the work of the members of the Medical Court tends to be confused, the truth is that their role it is not auditing the applicant, but to ensure that you meet the necessary conditions to collect the pension for permanent disability. In this way, they aim to guarantee that the provision reaches the people who deserve it really.

In order to fulfill its objective, the EVI requires information from the patient and, despite the fact that the latter can contribute their medical reportsyou have to do the following questions to know the influence of the disease in your daily life and work:

  • How do you feel? It may seem like an introductory question, but it is not: the members of the Medical Tribunal use it to discover what are the sensations of the pension applicant.
  • Have you improved from your illness since you were on leave? This question is of vital importance, since the members of the court take into consideration the chance of recovery of the patient to give or deny the pension, as well as to choose its grade.
  • Have you come alone or accompanied? This is not a question to facilitate communication, but rather it is essential to discern the level of autonomy of the patient, something that influences the pension and the degree of it.
  • What job position do you have? It does not try to take an interest in the patient’s life, but the role of the applicant is to recommend the award of a degree pension concrete.
  • What tasks did you do at work? This one is less subtle than the previous one, since the Medical Tribunal seeks to know if he can perform his current role, which influences his pension options.

What are the requirements to receive the benefit?

Permanent disability can be received until the occurrence of improvements in health of the beneficiary, for death or by the recognition of the right to retirement pension. To do this, you must have the requirements set by Social Security:

  • have between 18 and 65 years.
  • Reside in Spanish territoryat least, for a period of five years, of which two must have been consecutive and immediately prior to the application date.
  • certify a disability to a degree equal to or greater than 65%.
  • Lack of sufficient income to survive. Each year, an economic limit is established, after which the benefit cannot be accessed. However, not only the own income, but also the family income with whom you live.

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