The medical court is one of the necessary filters to be able to receive a permanent disability pension. It is one of the most important parts of the process and one that is surrounded by more urban legends. Given its importance, it is important to know the procedure well if we have to go through it.
From the specialized law firm Campmany Abogados It is reported that both the EVI (Disability Assessment Team) and the SGAM (Subdirecció General d’Avaluacions Mèdiques, in Catalonia) are in charge of making the assessments of people who have options to receive a permanent disability pension or they have to renew this condition.
These medical courts do not have the last word, as the decision ultimately depends on Social Security, which is the one that receives your report. That is why its verdict, despite not being binding, does have a certain weight in the process, since it is ultimately responsible for determine if a person has limitations or not in their work or even in their day to day for the injury he suffers.
Always seeking that knowledge, the court can follow several lines of action. With the medical reports provided by the affected person, he could make extra physical evaluations and, what is always more feared: a series of questions about our situation, certain inquiries that seek to know if we are incapacitated or not for work activity.
This is one of the most controversial points, as sometimes court questions can be uncomfortable. In Campany Abogados they explain that the objective of said court is really to distance itself from the patient and, simply, to rule if he is deserving of a disability pension. In that sense, they are quite far from what a normal doctor could be. In fact, and as the firm explains, the court is made up of “medical, civil servant and administrative personnel.”
In the event that the court considers that the person who has come to it does have the right to a permanent disability pension, It must also determine the type of pension in question: partial, total, absolute or severe disability.
At this point, in Campmany they report that a serious pathology or illness does not have to lead to the assignment of a high-grade disability pension, since what the court evaluates is “the relationship between that reality and the labor market”, namely, how it affects us or invalidates us for the labor market. Here we can distinguish four aspects to highlight:
-The effects that the ailment may have on employment, what can limit it and how it affects both the work that the worker performs and others that he could perform.
-The count of ailments suffered, even those that occurred before the relevant affiliation to Social Security.
-The possibility of correction, the possibilities that that person has to lighten or alleviate the disability suffered due to a disease. This can reduce subsequent rulings.
-Other guiding criteria such as regulations or antecedents that can serve as a reference to the members of the tribunal.
With these diseases you have a better chance of receiving a permanent disability pension