Application for incapacity for work while unemployed

Is it possible to apply for permanent disability while unemployed? This is undoubtedly a question that many Spaniards ask themselves. The reason is that the health problem that gives rise to this situation can occur even if the person is not registered as a worker with the Social Security at the time. Here we will try to answer any questions our readers may have on this subject. If you require more detailed information, we recommend that you consult a labour lawyer who will know how to deal with and protect your rights.

But what is permanent disability?

Permanent incapacity is defined as the situation in which a person is unable to continue working (or at least not at full capacity) due to a pathology or injury that limits him/her physically and/or psychologically. It may refer to one activity exclusively or to any activity. The degree to which one can aspire depends on these issues:

• Partial permanent disability. The lowest degree. The requirement is the recognition of a degree of incapacity of more than 33%. This means that the worker can continue to work, but with difficulty. No pension is payable, but compensation is paid in one lump sum.
• Total permanent incapacity. In this case, the worker's incapacity renders him/her unable to continue working in his/her occupation, but not in any other occupation. It carries a pension of 55% of the regulatory base (75% from the age of 55).
• Absolute permanent incapacity. People who are recognised in this situation are unable to do any work. Their pension is 100% of the regulatory base.

Is it possible to apply for a disability without working?

Obviously, the answer is yes. Just think about the following example. Imagine a person who has recently been made redundant and is looking for a job. One day, while attending a job interview, he suffers a car accident, the after-effects of which prevent him from returning to his job. It would be clearly unfair for her not to be able to receive a pension that would guarantee her financial wellbeing.

However, in order to apply for permanent incapacity as an unemployed person, it is necessary to meet certain requirements. The most important of these is to be in a situation assimilated to discharge.

Permanent incapacity while unemployed

This is the most common scenario. A worker is in contributory unemployment (regardless of whether or not they are receiving a subsidy) and wants to apply for permanent incapacity in order to continue in their occupation or in general.

This situation is considered to be assimilated to registration and, therefore, entitles the worker to make the application without any problem. The only requirement is to stamp the unemployment benefit if the worker is receiving it or to renew the jobseeker's application at the SEPE. If this is not the case, the INSS may not recognise the situation.

Permanent incapacity in a non-discharge situation

There are people who are not working, are not on medical leave and are not in a situation assimilated to registration as a jobseeker with the SEPE. In this type of case, it is also possible to access an incapacity benefit from the INSS. However, all these requirements must be met:

• Obtain a degree of absolute permanent incapacity or severe disability. The latter case refers to absolute permanent incapacity which, in addition, obliges the affected person to be assisted by third parties to carry out basic personal tasks, which entails the payment of a supplement beyond 100% of the regulatory base.
• At least 15 years of contributions must have been paid.
• Of these 15 years, 3 of them must be within the last 10 years.

How to apply for incapacity for work?

The first step is to download the application form for permanent disability from the Social Security website. Then, you must fill in the document and attach all the medical reports you have.

Next, you have to submit your application to an INSS Information and Assistance Centre. A quick Google search can tell you which one is closest to where you live. It is important to make an appointment in advance. Then it is the turn of the medical tribunal.

But once the application has been submitted to the medical tribunal, when will you be called? It is not possible to give a fixed deadline. However, according to the law, no more than 135 calendar days may elapse between the date of application and the appointment. If the appointment is not made, the application can be considered rejected by administrative silence, which can only be appealed.

Frequently asked questions about claiming permanent incapacity while unemployed

If I am granted permanent disability am I entitled to unemployment?

Yes, but only if you have obtained the right to unemployment benefits from a job that is compatible with the situation of permanent incapacity. This is particularly common among people who have been recognised as permanently totally disabled and get a job in a different occupation from the one they had before they were recognised as permanently disabled.

Is it possible to collect depression pay?

Yes, mental illness is as disabling as physical illness, and depression is just as disabling.

Can I be on sick leave without working?

Yes, just think of a worker who, while on sick leave, sees the duration of his temporary contract come to an end without his employer renewing it. In that case, the incapacity does not cease simply because he no longer has an employment relationship with his employer.

Do you usually remove a total permanent disability?

Generally, after granting permanent incapacity, the INSS sets a review period to determine whether or not the worker has improved. It is not usual for the INSS to revoke its initial decision, but it can happen. However, if the person concerned returns to a professional activity related to the occupation for which he/she is incapacitated, the Social Security will revoke the pension immediately and may even impose a penalty.

Conclusions

In short, it is entirely possible to apply for permanent disability while unemployed. You just need to meet the necessary requirements. We hope we have helped our readers to understand what they are.