Social Security: This is how you can apply for permanent disability without working

Social Security: This is how you can apply for permanent disability without working

Unemployment is one of the situations assimilated to discharge and during which it could be processed

The medical leave of a worker or temporary incapacity (TI), which is how it is technically known, can occur as a result of a common illness or non-occupational accident, but also due to an accident at work or professional illness (in these cases, it would begin to from the day after discharge).

This incapacity or impossibility to work may be temporary (a provisional situation with recovery forecast in the short or medium term), but it may happen that the worker cannot work forever. Then, permanent disability (PI) would be recognized. But, is this recognition possible if you are unemployed? Yes, it is, to the extent that unemployment is one of the situations assimilated to discharge and, therefore, admitted by law to request disability (article 165 of the General Social Security Law).

However, the Social Security clarifies what a situation assimilated to discharge consists of: «It is the legal situation of unemployment, total and subsidized, and that of involuntary unemployment once the contributory or assistance benefit has been exhausted, provided that in such a situation the Registration”. .as unemployed in the employment office’, therefore, whenever unemployment or any other unemployment subsidy is being collected, or nothing is being collected, but the affected person appears as a claimant in the offices of the State Public Employment Service ( SEPE) and stamps periodically, invalidity could be requested without being active at that time.

Other examples of situations assimilated to discharge can be, according to Social Security, during the leave of a child or a close dependent relative, in the paid vacation period and not taken, or during a strike or lockout, among other circumstances. . .

Likewise, there are situations of ‘non-registration’ in which it would be possible to request absolute and serious disability, provided that the interested party had contributed for a minimum of 15 years (three of them in the last ten). Also in the event of an accident at work or professional illness in situations of ‘non-registration’, when the worker has not been registered in his company.