Since last May, Social Security There are no more medical tribunals for sick leave between 12 and 18 months. Now a medical inspector is the one who decides if a worker who has been on sick leave for more than a year should continue in that status, pass the assessment on incapacity for work, permanent or severe disability, or dismissal to return to your work, if you still have it.
The change took place in the pension reform that began on May 17, 2023 and which changed article 170 of the General Social Security Law (LGSS) to eliminate the obligation of the Medical Court after 12 months, so that the company must continue the assigned payment up to 18 months . This change responds to changes in the economy “As a result of the increase in costs obtained from the benefits of disability at work”, which put the medical inspectors in a war that initiated protests and several days of strike.
However, for practical purposes, what caused the change was the collapse of permanent disability files in the offices of the National Social Security Institute (INSS). This is what they say from the Independent Trade Union and Civil Servants Center (CSIF), where they estimate that there are more than 3,000 files that have been accumulated in more than five months that the change in the organization is working. “The medical inspectors decided to extend the files once the period of medical leave ends at the age of 18 because they are protesting against a change that forces them to decide on a person’s future . Therefore, the purpose that led to saving money, now means a collapse of the work of the INSS because of the files that have accumulated because there are no discharges and there are many extensions of the disability,” they explained from the Csif union.
From the UGT they criticized that there are internal instructions to “favor” medical discharges through bonuses. And not even those. ““It’s not a question of money, it’s a question of attention, service, rights and guarantees,” they said from UGT. In the Valencian Community there are 69 medical inspectors (46 in Valencia, 19 in Alicante and 4 in Castellón).
And if a person gets sick or has an accident that prevents them from working after their medical leave (or their profession or any other) they ask Social Security for a pension to pay the income that they can no longer accept a working life. which has been cut off. This is what is called disability pensions. Labor law specialists assure that half of the requests are denied and that in the face of this negative resolution, a minimum percentage of those affected decide to take legal action and fight in court for a pension to which, in theory, they are entitled. Today, the INSS collects this type of processing files.
The latest data
According to the latest data published by INE, In the Valencian Community there are 94,754 people who receive a disability pension. The money they receive is, on average, it is 1,065 euros per month. There are three types of disability pension. The most requested is “total disability” which is the recognition of the person’s lack of capacity to perform their usual work. In this category there are 57,862 Valencians who receive an average pension of 869.39 euros. This pension is compatible with other work. However, this benefit is provided gradually. And since 3 years ago, only 3,296 people received this assistance. Social Security provides less than one a day.
The other largest disability pension is “absolute”. In other words, the person cannot work in any sector and they will receive an average pension of 1,274.28 euros per month. In this situation there are 33,156 Valencians, 4,732 fewer people than 10 years ago, where there were 33,156 pensioners registered in this category.
Finally, there is the “major disability” pension” which is recognized when the person cannot take care of himself, so the salary is higher (the average is 2,250.13 euros) because it includes a supplement intended to pay the caregiver. Of course, they are the least because there are 3,736 Valencians, only 87 people than a decade ago.
