Conesa Legal meeting room on Avenida Diagonal in Barcelona, permanent disability lawyers

Permanent disability lawyers in Spain

We read your medical reports, file your claim with the INSS and defend your pension before the Social Court. For the person claiming, and for the company that has to decide what to do with the job.

Tell us about your case

A permanent disability is decided on medical reports and on deadlines. Conesa Legal has been a firm of employment lawyers in Barcelona since 1976. In the first consultation we tell you which grade your reports support, what contribution record is required, and what deadline is running if the INSS has turned you down or wants to review your case. If you run a company, we tell you what you must answer a worker with a permanent disability, and within what deadline, before you decide. If you would rather start now, tell us about your case.

LAWYERS FOR DISABILITY CLAIMS IN BARCELONA

WE STUDY, PROCESS, AND DEFEND PENSIONS

Occupational disabilities, such as permanent disability, can arise from an accident (or occupational disease) or from common contingencies (non-work-related illness). If you find yourself in this situation, it is essential to have adequate information and to carry out the necessary procedures to obtain the corresponding benefits.

What deadline do I have if the INSS denies my permanent disability?

30 working days

From the day you receive the INSS decision you have 30 working days to file the prior administrative claim. The INSS then has 45 days to reply. If it refuses or stays silent, you have another 30 days to file suit before the Social Court. Once those deadlines pass the decision becomes final.

Source: article 71 of the Spanish Labour Procedure Act (BOE) Updated on 15 October 2026 Reviewed by Zaida Alvarez, employment lawyer specialising in disability claims

  • Since 1976 more than 50 years of family tradition in employment law
  • Medical adviser we assess your reports before claiming, not after
  • Avenida Diagonal 467 in Barcelona, in person or by video call
  • Spanish, Catalan and English we deal with you and your company in your language

How much does a permanent disability pay?

55 %, 75 % or 100 % of the regulatory base

Total permanent disability pays 55 % of the regulatory base, and 75 % from the age of 55 when finding other work is presumed difficult. Absolute disability pays 100 %. Severe disability pays 100 % plus a supplement for the person who cares for you. Partial disability is not a pension: it is a lump sum of 24 monthly payments.

Source: article 196 of the Spanish Social Security Act (BOE) Updated on 15 October 2026 Reviewed by Zaida Alvarez, employment lawyer specialising in disability claims

The five grades of permanent disability, compared

The grade is set by the INSS according to what your injuries stop you doing, not according to the illness. It determines the benefit, whether you may work, and the contribution record required.

Desplace la tabla horizontalmente para comparar →

Criterio

Partial (IPP)

Injuries that cut your output in your usual occupation by at least 33 %, without stopping its essential tasks.

Total (IPT)

Stops you doing the essential tasks of your usual occupation, but allows a different one.

 from age 55

Qualified total

Total disability, when age and circumstances make finding other work presumably difficult.

Absolute (IPA)

Stops you doing any occupation at all.

Severe disability

Absolute disability plus needing another person for the essential acts of daily life: dressing, eating, moving around.
What it means
Reduced output in your usual occupation
You cannot do your usual occupation
Total, with presumed difficulty finding other work
You cannot do any occupation
You need another person's help
Benefit
One-off payment: 24 monthly payments of the regulatory base
Pension of 55 % of the regulatory base
Pension of 75 % of the regulatory base
Pension of 100 % of the regulatory base
100 % plus a supplement for whoever cares for you
Compatible with working
Yes, in the same occupation
Yes, in a different occupation
Yes, but the extra 20 % is suspended while you work
Only activities compatible with your condition
Only activities compatible with your condition
Minimum contribution for common illness
1,800 days within the previous 10 years
By age: a third or a quarter of the contributable time, minimum 5 years
Same as total
Same as total; none if it follows an accident
Same as total; none if it follows an accident
Reviewable
Yes, for worsening or improvement
Yes, until retirement age
Yes, until retirement age
Yes, until retirement age
Yes, until retirement age

Grades and amounts under articles 194 to 198 of the Spanish Social Security Act. An accident, at work or not, and an occupational disease require no prior contribution record. The exact amount depends on your regulatory base: ask us for the calculation.

TYPES OF PERMANENT DISABILITY ACCORDING TO SEVERITY:Types of contributory disabilities for having met the minimum contribution period of 5 years (check non-contributory here)

  1. PARTIAL PERMANENT DISABILITY (IPP):

    This type of disability is compensated with a Social Security indemnity that covers the sequelae that affect but do not disable the individual from working in their usual profession. The sequelae result in a decrease in normal performance for the usual profession but less than 33%. It is important to know the examples of calculating a pension for total permanent disability for the usual profession and the consequences of partial permanent disability.

  2. TOTAL PERMANENT DISABILITY (IPT):

    This degree of disability occurs when the worker (although they may continue to work in another occupation) is rendered incapable of performing all or the most fundamental tasks of their usual profession. Total permanent disability is a situation where a person cannot perform their usual profession or any other work activity. To access a pension for total permanent disability, it is necessary to demonstrate that the essential tasks of the job cannot be performed without risking health or physical integrity. Some examples of conditions that may lead to total permanent disability include chronic illnesses, severe injuries, musculoskeletal disorders, or disabling mental illnesses.

  3. QUALIFIED TOTAL PERMANENT DISABILITY (IPTQ):

    Qualified Total Permanent Disability is granted when Total Permanent Disability is obtained, but this percentage may increase by 20% upon reaching 55 years of age if the pension beneficiary is unemployed and has difficulty finding employment. Consequently, the benefit would be raised to 75% of the established base instead of the 55% provided for IPT.

  4. ABSOLUTE PERMANENT DISABILITY (IPA):

    The Absolute degree is granted to the worker who is completely incapacitated for any profession or trade. Except for occasional work, they cannot perform any type of work because they are considered incapacitated to work. We provide a list of diseases for permanent disability to help better understand this situation: depression, bipolar disorder, cerebral lymphoma, diffuse systemic sclerosis, kidney transplant, lumbar spondyloarthritis, etc.

  5. SEVERE DISABILITY (GI):

    Severe disability is granted when the worker is incapacitated but also needs assistance from another person to perform the most essential acts of life. If you find yourself in this situation, it is important to know the benefits and rights that correspond to you.

How much disability pension will I receive?

 READ ABOUT WHAT'S NEW REGARDING TEMPORARY DISABILITY

The amount of the permanent disability pension varies according to the degree of disability:

Partial Permanent Disability (IPP): The indemnity will be equivalent to 24 monthly payments of the regulatory base set for temporary disability. Applying for permanent disability can be a complex process, so it is recommended to have proper advice. Total Permanent Disability (IPT): The amount of this benefit will be 55% of the latest regulatory bases. If you are over 55 years old, it can be increased by 20% when, due to your circumstances, it is presumed difficult to obtain employment in an activity different from the usual one. To calculate the pension for total permanent disability, it is advisable to consider available calculation examples and the associated consequences. Absolute Permanent Disability (IPA): The amount in this case is 100% of the latest regulatory bases. Additionally, it is important to consider the specific advantages and rights of those with this type of disability. Severe Disability (GI): the pension is 100 % of the regulatory base plus a supplement intended to pay the person who cares for the beneficiary (article 196.4 LGSS). 

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How we claim a permanent disability

Four steps. At each one we tell you what deadline is running and which document we need.

  1. You tell us your situation

    By phone, by video call or at the office on Avenida Diagonal. We read your medical reports, your working life record and, if there is one, the INSS decision. Before we start you know what we will do and on what terms.

  2. Medical and legal assessment

    Dr Marta Martí Puente checks whether the reports establish the limitations the grade requires. If evidence is missing, we tell you what to ask your doctor for before anything is filed.

  3. Application to the INSS or prior claim

    We file the application with the INSS and go with you to the medical assessment. If there is already a decision, we file the prior claim within the 30 working days.

  4. Suit before the Social Court

    If the INSS maintains its refusal, we file suit within the following 30 days and defend the grade in court, with a medical expert where needed.

HOW TO INCREASE THE AMOUNT OF THE DISABILITY PENSION?

There are circumstances in which it is possible to increase the amount of the disability pension:

If the disability is due to common contingencies, the pension can be increased by up to 20% in certain situations. It is important to consult specific information on this aspect, such as the situation assimilated to registration and the obligation to contribute. Check the information in this link. If the disability is due to a work accident, it is advisable to verify if it is due to a lack of safety measures. In this case, the amount of the pension can be increased by 50%. For more details, please consult this link on the work-related accident compensation and social security surcharges.

HOW TO APPLY FOR A DISABILITY OR INCAPACITY

The first step is to study your medical reports and make an adequate assessment of the case. Our team of specialised doctors and lawyers can provide support in this process. We collaborate with a team of Spanish, French, English, and Italian-speaking doctors to ensure proper care. Having good communication with the treating physician is fundamental, as medical reports may be read by third parties, which is of great importance to support the disability application. Additionally, it is relevant to consider the resolution of permanent disability and how to properly demonstrate the disability.

doctor 4-1

CHANGES FROM COMMON CONTINGENCY TO PROFESSIONAL CONTINGENCY

Sometimes, an accident is not initially recognised as a work accident. Our labour lawyers defend the contingency of the accident before the administration and the mutual insurance company, both administratively and judicially, to benefit from the benefits derived from a work accident. 

Tell us about my case

The deadlines and percentages that decide a case

30working days
to file the prior claim after the INSS decision
art. 71 LRJS
10calendar days
for the worker to ask the company to keep the contract
Act 2/2025
55 to 100%
of the regulatory base depending on the grade
art. 196 LGSS
30 to 50% more
surcharge if the accident followed a lack of safety measures
art. 164 LGSS

Sources: article 71 LRJS, Act 2/2025, articles 164 and 196 LGSS.

Has the INSS denied your disability, or do you want to apply?

Tell us about your case and we will tell you which grade to defend and what deadline is running. If you would rather talk now, book a video call, call +34 932 020 256 or write to us.

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A worker with a permanent disability: what the company must do

The contract no longer ends by itself

Until April 2025 a declaration of total, absolute or severe permanent disability ended the contract automatically. Act 2/2025 changed the rule after the Court of Justice of the European Union ruling in the Ca Na Negreta case. Now, if the worker says in writing within 10 calendar days that they want to stay, the company has 3 months to adapt the job or move them to a vacant compatible one, with a report from the prevention service. It may only terminate, in writing and with reasons, if there is no such job, if the worker refuses the one offered, or if the adaptation is an excessive burden. In companies with fewer than 25 employees the burden is excessive when the cost exceeds the unfair dismissal compensation or six months' salary, whichever is higher.

We review the worker's notice, draft the company's answer within the deadline and document the adaptation or the impossibility of adapting, so the decision stands up to a claim. More detail in our article on the obligation to adapt the job.

Ask for the cost calculation

Professional contingency and benefits surcharge

Where the disability follows a work accident or an occupational disease, the Labour Inspectorate may propose a surcharge of 30 % to 50 % on every benefit if it finds a lack of safety measures. The company pays it, it cannot be insured, and it lasts as long as the pension. We defend the company in the surcharge file and in the determination of the contingency, before the INSS, the mutual insurer and the court. You can estimate the amount with the benefits surcharge calculator.

Can the company end my contract when a permanent disability is granted?

10 calendar days and 3 months

Since 1 May 2025 the contract no longer ends automatically. The worker has 10 calendar days from notification of the decision to ask in writing to stay. The company then has 3 months to adapt the job or move the worker to a vacant compatible one, and may only terminate if there is no such job, if the worker refuses it, or if adapting it is an excessive burden.

Source: Act 2/2025 of 29 April (BOE) Updated on 15 October 2026 Reviewed by Zaida Alvarez, employment lawyer specialising in disability claims

What we cover in permanent disability

For the worker

  • First application for permanent disability with the INSS
  • Prior claim and suit after a refusal
  • Claiming a higher grade: partial to total, total to absolute, absolute to severe
  • Review for worsening, or defence against a review for improvement
  • Change from common to professional contingency before the mutual insurer and the INSS
  • Temporary disability exhausted without discharge and without a decision
  • Whether the pension is compatible with other work

For the company

  • Answering the worker's notice within the Act 2/2025 deadline
  • Adapting the job or moving the worker, with the prevention service
  • Reasoned termination where there is no job or the burden is excessive
  • Defence against a benefits surcharge for lack of safety measures
  • Determination of the contingency before the mutual insurer
  • Job reservation and contributions during temporary disability
  • Objective dismissal for supervening unfitness, where it applies

Is your situation not on the list? Tell us about it: most cases mix several of these.

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LIST OF DISEASES FOR PERMANENT DISABILITY

  • Agoraphobia  
  • Albinism  
  • Alzheimer's  
  • Aniridia  
  • Rheumatoid Arthritis  
  • Cervical Osteoarthritis  
  • Ataxia  
  • Cancer  
  • Ischemic Heart Disease  
  • Chondromalacia Patella  
  • Depression  
  • Diabetes  
  • Dysthymia  
  • Cone-Rod Dystrophy  
  • Behçet's Disease  
  • Crohn's Disease and Ulcerative Colitis  
  • Liver Diseases  
  • Kidney Diseases  
  • Epilepsy  
  • COPD (Chronic Obstructive Pulmonary Disease)  
  • Multiple Sclerosis  
  • Scoliosis  
  • Ankylosing Spondylitis  
  • Degenerative Spondylosis  
  • Schizophrenia  
  • Foraminal Stenosis  
  • Fibromyalgia  
  • Cystic Fibrosis  
  • Disc Herniation  
  • Stroke  
  • Spinal Cord Injury  
  • Chronic Low Back Pain  
  • Lupus  
  • Maculopathy  
  • Migraine  
  • High Myopia  
  • Narcolepsy  
  • Ulnar Neuropathy  
  • Parkinson's  
  • Post-Polio Syndrome  
  • Lumbar Radiculopathy  
  • Diabetic Retinopathy  
  • Retinitis Pigmentosa  
  • Rhizarthrosis  
  • Goldmann-Favre Syndrome  
  • Marfan Syndrome  
  • Ménière's Disease  
  • Raynaud's Syndrome  
  • Sjögren's Syndrome  
  • Sudeck's Syndrome  
  • Tourette's Syndrome  
  • Carpal Tunnel Syndrome  
  • Subacromial Syndrome  
  • Syringomyelia and Arnold-Chiari Malformation  
  • Stargardt Disease  
  • Mixed Adjustment Disorder  
  • Bipolar Disorder  
  • Anxiety Disorder

CONTACT US TO CALCULATE THE REGULATORY BASE OR THE RETIREMENT PENSION

We hope this article is useful for better understanding occupational disabilities in Spain and Catalonia. Remember that each case is unique, so it is advisable to seek professional advice to carry out the procedures properly, including aspects such as transitioning from total permanent disability to retirement, summing the bases, and the date of the causal event.

Send us your details and we will come back to you with the figures for your case.

Frequently asked questions about permanent disability

What grades of permanent disability exist and what does each pay?

Four grades: partial, total, absolute and severe (article 194 of the Social Security Act). Partial is a lump sum of 24 monthly payments of the regulatory base. Total pays 55 % of that base, and 75 % from age 55 as qualified total. Absolute pays 100 %. Severe disability pays 100 % plus a supplement for whoever cares for you.

What contribution record do I need to claim a permanent disability?

If the disability follows an accident, at work or not, or an occupational disease, none. For a common illness, under 31 you need a third of the time since you turned 16; at 31 or over, a quarter of the time since you turned 20, with a minimum of 5 years and a fifth of that period within the last 10 (article 195 LGSS).

How do I apply for a permanent disability with the INSS?

With an application through the INSS electronic office or at one of its centres, together with your clinical history and the reports describing what you can no longer do. The disability assessment team, called the ICAM in Catalonia, calls you in for examination and issues an opinion; the INSS then decides. The file can also be opened on the INSS's own initiative when temporary disability runs out.

What deadline do I have if the INSS turns me down?

Thirty working days from notification to file the prior administrative claim (article 71 of the Labour Procedure Act). If the INSS rejects it or does not reply within 45 days, you have another 30 days to file suit before the Social Court. The same deadline applies when you are granted a lower grade than the one that fits.

Can I work if I am granted a total permanent disability?

Yes, in an occupation other than your usual one: the 55 % pension is compatible with that work (article 198 LGSS). The extra 20 % of qualified total disability is suspended while you work. With absolute or severe disability only activities compatible with your condition are allowed, and it is advisable to tell the INSS before starting.

Can my employer end my contract when I am granted a disability?

Not automatically any more. Since 1 May 2025, if you say in writing within 10 calendar days that you want to stay, the company must adapt your job or move you to a vacant compatible one within 3 months, and may only terminate if there is no such job, if you refuse the one offered, or if the adaptation is an excessive burden (Act 2/2025).

When does absolute disability become severe disability?

When, besides being unable to work in any occupation, you need another person for the essential acts of daily life: dressing, eating, moving around or washing. It is claimed by a review of grade before the INSS, with reports describing that dependence, not only the illness. We explain it on our severe disability page.

What happens when temporary disability runs out without a discharge?

At 365 days the INSS decides whether to extend the sick leave by up to 180 more days, to discharge you, or to open a permanent disability file. Once the 545 days are exhausted without a decision, the sick leave keeps its effects until the permanent disability is graded. That stretch is worth reviewing: it is where the grade is set.

Can my permanent disability be reviewed?

Yes. The decision granting the grade sets the date from which the INSS may review it for worsening or improvement, as long as you have not reached ordinary retirement age (article 200 LGSS). You may also ask for a review if you get worse. If your grade is lowered or withdrawn, the deadlines to claim are the same as for a refusal.

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