Are you in any of these situations?
If you identify with any of these situations, we can help you claim what is rightfully yours.
The INSS has denied your disability claim.
You have applied for permanent disability and the resolution has been negative or with a lower degree than you expected. You still have time to appeal and reverse that decision.
Your illness or its after-effects prevent you from working.
Following a work accident, a common illness or an occupational disease, you can no longer carry out your profession normally and need to know what degree of disability you are actually entitled to.
You've been off sick for too long.
Your temporary incapacity is dragging on with no clear solution, and you want to understand if your case should lead to a permanent disability.
They want to review or withdraw your incapacity
The INSS can initiate a review of your disability rating and modify or withdraw the incapacity that you already have recognised. We advocate for your situation to be maintained.
Specialists in Permanent Incapacity
Permanent incapacity can be recognised in different degrees depending on the limitation it causes. Learn about each type and how we can help you obtain the recognition you deserve.
It reduces the capacity to perform one’s usual occupation by at least 33.1%, without preventing the person from carrying out that occupation. We are claiming the lump-sum compensation provided for by law.
Renders the person unable to perform all the duties of their usual occupation. Entitles the person to a monthly pension for life amounting to 55% of the assessment base.
This applies to people aged 55 and over who are struggling to find new employment. The pension is increased to 751% of the regulatory base.
It results in permanent incapacity for any kind of work. It entitles the person to a lifetime pension amounting to 100% of the assessment base and may entail tax benefits.
The most severe level. The worker requires assistance from another person for essential daily activities. The pension exceeds 100% of the regulatory base.
This is what we can do to help you
We are specialist employment incapacity lawyers and we handle your case from start to finish, from the initial application to defence in the courts.
- We will analyse your medical and employment situation to assess whether you meet the minimum contribution requirements and what degree you can claim.
- We prepared and submitted the application to the INSS with all the necessary documentation.
- We coordinate medical and expert reports that strengthen your claim.
- We appeal against refusal decisions or those that grant a lower degree than you deserve.
- We will defend you in the Social Courts if your case reaches the judicial route
Lawyers specialising in permanent disability in Madrid for all levels of disability
Not all cases are the same. Depending on how your injury or illness limits you in your work situation, you will be entitled to a different degree. This is what we claim in each one.
Solicitors for partial permanent disability
When your working capacity is reduced by at least 33.1%, but you are still able to carry out your profession, we will claim the maximum lump-sum compensation to which you are entitled.
Permanent total disability lawyers in Madrid
When you are unable to practise your profession, but can work in a different one. This entitles you to a lifetime pension amounting to 55% of the assessment base, which can be increased to 75% from the age of 55
Lawyers for permanent total incapacity
When you become unable to work. This entitles you to a lifetime pension amounting to 100% of the assessment base.
Lawyers for permanent total disability
Permanent disability is also known as total disability. This is the most severe category, where you require assistance from another person to carry out basic daily activities. The pension exceeds 100% of the regulatory base.
Has your claim for disability been denied, or are you unsure of the level you're entitled to?
You need a lawyer to claim your permanent disability who knows the procedure inside out. Tell us your case and we will study your medical and work situation. We defend your rights before the INSS and fight to recover the pension that has been denied to you.
We work with you step by step
Having disability lawyers reduces the risk of errors in the file. This is how we work your case
- We are studying your case. We analyse your medical situation, your work life, and your contributions to assess what degree of disability you can claim.
- We're preparing the documentation. We gathered the necessary medical and expert reports and submitted the application to the INSS with everything in order.
- We are following the administrative route. We will accompany your case file during the medical tribunal assessment and the resolution by the INSS.
- We'll call if necessary. If the answer is negative or the recognised degree is lower than you deserve, we will lodge the corresponding appeal.
- We defend you in court. If your case proceeds to court, we will file the legal claim and defend your interests before the Social Court.
- We protect your disability pension. We assist you with possible degree reviews so that you retain your disability.
Why we are your best option
As specialist disability lawyers, we have years of experience defending people in your situation and we know how to achieve results.
We know permanent disability thoroughly
We master every grade, the INSS requirements and the medical criteria that are considered. That's what distinguishes specialist permanent disability lawyers: knowing where these cases are won and lost.
We'll explain things clearly to you.
Close and direct communication: we'll honestly tell you if your case has merit and what you can expect at each stage, without creating false expectations. We'll keep you informed at all times and answer your questions whenever you need us.
We handle the entire process
From the initial request to the court proceedings and appeals, we won't leave you alone at any point. In our firm, we handle your case from start to finish, taking every step with the aim of achieving the maximum legal benefit for you.
Demonstrable results
We have accumulated numerous favourable judgments and obtain pensions through both administrative and judicial channels. Behind each of these is a team of expert permanent disability lawyers and people who today are receiving their rightful pensions.
Do you think you are entitled to a permanent disability benefit?
Don't miss deadlines. We carry out a legal and medical assessment of your case and offer you advice on permanent incapacity in Madrid regarding your options.
Frequently Asked Questions about permanent disability lawyers in Madrid
How much does a permanent disability lawyer cost?
The cost of a permanent disability lawyer depends on the complexity of your case and whether court proceedings or a medical expert, who prepares the expert report supporting your claim, are required. In the initial assessment, we will clearly explain what our service includes and provide you with a fixed quote for our fees, with no surprises, and the option to pay in interest-free instalments.
Who assesses permanent disability?
The assessment is carried out by the National Social Security Institute (INSS). Your health status is examined by the Disability Assessment Team, made up of medical assessors, who issue a medical report on your limitations. Based on this, the INSS decides whether to grant you incapacity and to what degree.
This is what was previously known popularly as disability, a term now out of use in legal circles. If you do not agree, that decision can be appealed in court. The entire procedure is governed by the General Law of Social Security, whose articles 193 and 194 define permanent incapacity and its degrees.
The 4 types of permanent disability are: * Partial permanent disability * Total permanent disability * Absolute permanent disability * Severe permanent disability
The four main categories are partial permanent disability, which reduces your capacity by at least 33.3% without preventing you from working; qualified total disability (qualified IPT), which renders you unable to carry out your usual profession but not a different one; absolute disability, which prevents you from carrying out any work; and severe disability, when you require the assistance of another person for basic activities of daily living. There is also qualified total disability, a variant of total disability for those over 55 who have difficulty finding alternative employment.
What can I do if the INSS has denied my claim for incapacity?
A denial is not the end of the process. You have a deadline to submit a prior claim, and if this is also unsuccessful, you can take legal action by filing a claim at the Social Court. Many cases are resolved favourably in this second phase, so it is advisable to review your file as soon as possible to avoid missing deadlines. If the Social Court also rules against you, there is still the possibility of an appeal for review before the Superior Court of Justice of Madrid.
How much do you get with permanent disability?
It depends on the recognised degree of disability and your assessment base. Total disability entitles you to a lifetime pension amounting to 55% of the assessment base, which may rise to 75% in the case of qualified total disability. Absolute disability entails 100% of the regulatory base, and severe disability adds a supplement above that percentage. Partial disability, on the other hand, is compensated with a lump-sum payment equivalent to 24 monthly instalments of the regulatory base.
How long does the permanent incapacity process take?
The timeframes vary depending on each case and the INSS's workload. The administrative phase can last several months, and if it is necessary to proceed to the judicial phase, the process is prolonged until the trial takes place. Having advice from the beginning helps to avoid unnecessary errors and delays.
Are you solicitors specialising in invalidity pensions?
Yes. We have spent years defending clients as specialist invalidity pension lawyers, so we know the medical and contribution criteria that the INSS values.
How to choose the best permanent disability lawyer in Madrid?
Pay attention to practical experience in incapacity cases, the percentage of favourable resolutions, and having your case clearly explained to you before committing to anything. A lawyer specialising in permanent incapacity must demonstrate specific experience in these types of cases.
What is the difference between total incapacity and absolute incapacity?
Total incapacity only prevents you from working in your usual profession, so you can work in a different one and receive 55% of the regulatory base. Absolute incapacity prevents you from working at all and entitles you to 100%.
Can I claim disability benefit for an industrial disease?
Yes. A lawyer with experience in occupational illness knows how to prove the work-related origin of your ailment, which is decisive for the degree you are recognised with and for compensation.