How to Request a Review from Permanent Total Disability to Absolute Disability in Spain?

Question from Miguel, How to Request a Review from Permanent Total Disability to Absolute Disability in Spain?

Answer from AI:

In Spain, the process of requesting a review from Permanent Total Disability (Incapacidad Permanente Total) to Absolute Disability (Incapacidad Permanente Absoluta) involves several steps. It’s important to note that this is a general guide and not legal advice. For personalized advice, consult with a legal professional.

Understanding the Difference

Before proceeding, it’s crucial to understand the difference between the two types of disability. Permanent Total Disability refers to the inability to perform all or the fundamental tasks of your usual profession, while Absolute Disability refers to the inability to perform any profession or trade.

Steps to Request a Review

1. Medical Evaluation: The first step is to get a medical evaluation. This evaluation should indicate that your condition has worsened and that you are now unable to perform any work, not just your usual profession.
2. Application: Next, you need to fill out an application form for disability review. This form can be obtained from the Social Security website or your local Social Security office.
3. Documentation: Along with your application, you need to submit medical reports and any other relevant documents that support your claim.
4. Submission: Submit your application and documents to the Social Security office. After submission, your case will be reviewed by the Evaluation Team of Incapacities (Equipo de Valoración de Incapacidades).

Legal Assistance

The process can be complex and it’s often beneficial to seek legal advice. A lawyer can help you understand the process, gather necessary documentation, and represent you during the review process.

Appeal Process

If your request is denied, you have the right to appeal. The appeal process involves submitting a written appeal to the Social Security office within 30 days of receiving the decision.

Remember, this is a general guide and the process may vary depending on your specific circumstances. For personalized advice, consult with a legal professional. You can find more information on the Social Security website.