How to apply for disability?

Permanent work disabilities in Gijón

The objective of permanent disability procedures, traditionally called disability applications, is known to all; to obtain the commonly cited pension (the cash benefit). However, without prejudice to the above, the first thing that is important for it to prosper is, in general, to comply with certain requirements regarding the time of contribution and to be in a situation of registration or similar to registration with the Social Security (this can be seen in our working life).

Our team of labour lawyers in Gijón are specialized in these processes and will help you to check that you comply with the requirements and start the application process.

How is the Disability application process?

The process starts with an application to be filled in with the data required and the medical reports available; then the applicant receives a summons to be assessed by the EVI, medical staff who review and inform about whether the ailments are disabling; if the INSS denies it, the previous claim is presented and will be resolved by the same body; if the answer is again denied, a lawsuit is presented and a trial is held; finally, when the sentence rejects the disability, an appeal can be made to the High Court of Justice.

The above will be followed by the basic requirements, i.e. the ailments that the interested party suffers from and which must be accredited, mainly in public health reports, which may be supplemented with those of private medical experts.

We can conclude that the previous analysis of the circumstances to accede to the application, will mark to a great extent – together with the confluence of the pathologies suffered by the applicant – the options of success. If the result is favourable, there are four possibilities; the granting of a partial permanent incapacity (the person continues to work in an adapted manner and receives a single payment; total, implies the impossibility of continuing to carry out the usual profession, entails a monthly benefit; absolute, implies incompatibility with any work, implies a monthly benefit of 100% of the regulatory base and permanent incapacity great disability implies that the person lacks autonomy and will require the help of a third party which implies a greater economic benefit).  If you have any questions, please do not hesitate to contact us.

Also remember that in Luis Perez & Associates we also have a team of dismissal lawyers in Gijón for cases that require it.

 

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Luis Perez & Associates. Lawyers.
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C/ Jimena Fernández de la Vega 140 | Gijón. Asturias - CP: 33203
C/ Foncalada 7 - 1º G | Oviedo. Asturias - CP: 33002
Phone: 985 19 09 06 | Email: info@luisperezabogados.com