Permanent Disability (types, processes, and benefits)

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.

 READ ABOUT WHAT'S NEW REGARDING TEMPORARY DISABILITY

How much disability pension will I receive?

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 minimum pension will be 145% of the regulatory base. 

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.

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. 

LIST OF DISEASES FOR PERMANENT DISABILITY

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.