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Comprehensive advice and legal defense in matters of social security: talk to our lawyers and get your benefits

Invalidity benefits

Do you suffer from an illness that prevents you from working? Have you been denied disability benefit? We can advise you for free.

We are specialists in disability benefits procedures. Our results in justice for more than 10 years give us the reason.

You can also call us at 935.953.535 or write us at info@kernellegal.com

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When do I have the right to invalidity benefits?

Permanent Invalidity: This is recognized when, after completing treatment and having received medical discharge, the employer presents severe physical or functional incapacities, to the point that they will most likely be unable to carry out normal work for the rest of their life. Also when, after the legal period of temporary disability has passed, these limitations become permanent. This may be recognized as permanent invalidity, although it is possible for working capacity to be restored if the case is estimated by a doctor to be uncertain or long term.

These are the permanent invalidity grades:

Grade I: Partial permanent incapacity for the normal profession

In this case, it is at least a 33% impairment, but allowing the affected person to carry out the basic tasks of their normal job. Normally, a single payment is made to the disabled person, which would correspond to the equivalent of 24 times the calculation basis.

Grade III: Absolute permanent invalidity for all types of work

Here, we are faced with complete impairment, affecting not only their normal job, but all types of work. It is absolutely impossibly for these individuals to work. In this case, they are entitled to 100% of the calculation basis, every month.

Grade II: Total permanent invalidity for the normal profession

This type is more onerous, since the impairment affects all the basic tasks of their normal job, although in theory this would not prevent the individual affected from entering into another profession. A regular monthly payment corresponding to 55% of the calculation basis would be paid.

Grade IV: Severe disability

These are individuals with an impairment so severe that, not only are they unable to work in an office or other profession, but they require the help of other people to meet their basic needs. In such cases, 100% of the calculation basis is paid, and in addition, they have the right to a supplement to compensate the care-giver.

What diseases can lead to permanent invalidity?

The following diseases are considered invalidating according to law or jurisprudence, although it is not a closed list. Here you can consult a list published in the BOE.

How does the procedure for getting your invalidity benefits work?

Step 1

The procedure starts (step 1) with the submission of a request to the INSS, indicating why the individual is entitled to invalidity benefit.

The INSS has 135 days to accept or reject said request.

The individual will be assessed by the Invalidity Assessment Team (EVI). In Catalonia, the functions of the EVI are carried out by the Catalan Institute of Invalidity Assessment and the Invalidity Assessment Committee.

Step 2

In the event of rejection, either by express judgment, or administrative silence, a petition for review by judicial process (step 2) must be filed, to which the INSS must respond within 45 days.

Step 3

In the event that the INSS rejects the claim a second time, we will commence (step 3) court proceedings by filing a lawsuit in order for the individuals incapacity to be recognized before the Courts and Tribunals with social jurisdiction.

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