Permanent disability lawyer (INSS)

When your health no longer allows you to work as you used to, the last thing you need is to feel that nobody is explaining things clearly. And that happens constantly with permanent disability claims: medical reports that are not properly assessed, decisions that do not reflect your real situation, and administrative language that seems designed to make it hard to understand what has happened.

Here we do things differently: we will tell you whether your case has a viable path, which level of disability may best fit your situation, and what evidence you need to defend it properly. No false promises and no empty claims.
We work from Barberà del Vallès by appointment and also offer online consultations for clients throughout the province of Barcelona.

What permanent disability is and when it is worth claiming

Permanent disability is not recognised simply because you have a medical diagnosis, but because your real functional limitations prevent you from working in your usual profession or, depending on the degree, in any profession or occupation. The Social Security system distinguishes several degrees of permanent disability, each with different legal effects.
Not every long-term sick leave leads to permanent disability, but not every denial by the INSS is correct either. Many times, the issue is not only medical: it is also about the legal approach, how your usual profession is defined, what medical reports are submitted, and how your conditions are linked to your actual ability to work.

It is usually worth reviewing your case if:
You have received a denial, you have been granted a lower degree than you believe corresponds to your situation, your condition has worsened, you have significant lasting impairments after a long sick leave, or your job requires functions that you can no longer perform in a normal, continuous, and safe way.

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Degrees: total, absolute and severe disability

Total permanent disability

Total permanent disability is the degree that prevents you from carrying out all or the essential tasks of your usual profession, but still allows you to work in a different one.
Absolute permanent disability
Absolute permanent disability is the degree that prevents you from working in any profession or occupation.
 

Severe disability

Severe disability —with the 2025 reform also promoting a terminology shift towards “severe disability”— applies when, in addition to the disabling condition, you require assistance from another person to carry out essential daily activities such as dressing, moving around, or eating.
What matters to you is not memorising definitions. What matters is knowing which degree fits your real situation and how to prove it with medical reports, your usual profession, and specific functional limitations.

If the INSS denies your claim or grants you a lower degree than you are entitled to

When the INSS denies permanent disability or recognises a lower degree, many people think there is nothing more that can be done. That is not the case.
In Social Security matters, the administrative appeal (reconsideration claim) is, as a general rule, the necessary step before filing a court claim, and it must be submitted to the body that issued the initial decision. The regulations and Social Security system expressly provide for this procedure to challenge decisions on benefits.
This means that if the decision does not reflect your medical and work reality, the case can still be worked on. And this is where doing it properly makes a difference: it is not just about saying “I am unwell”, but about proving why you cannot perform your usual profession or any profession, depending on the degree being claimed.

What we review

• What the INSS decision actually says
• What “usual profession” has been taken into account
• Which functional limitations are included and which are missing
• Which medical reports are truly useful

Which degree has the strongest chance of success to defend

Review my INSS decision

What has changed with Law 2/2025 in employment law

This is a very important point because it has significantly changed the conversation with employers.

Law 2/2025 removed the automatic termination of employment contracts when total, absolute, or severe permanent disability is recognised. Since this reform, the employer cannot proceed directly with dismissal: the decision depends on the worker’s choice, the possibility of making reasonable adjustments, or the existence of a suitable vacant position; termination is only possible if these measures would impose a disproportionate burden. The reform also introduced a waiting period with suspension of the employment relationship and job reservation while adaptation or reassignment is assessed.

In plain terms: you can no longer assume that your contract will automatically end if you are granted permanent disability. Each employment case now needs to be carefully analysed.

Can you work while receiving a permanent disability pension?

Yes, but it depends on the degree and the type of activity.

Social Security states that total permanent disability is compatible with income from work in the same or a different company, as long as the duties are not the same as those that led to the disability. However, the additional 20% supplement for qualified total disability is not compatible with salaried or self-employment activity.

With absolute permanent disability and severe disability, the pension does not prevent you from carrying out activities compatible with your condition, as long as they do not imply a change in your working capacity for review purposes; if you work and this involves registration with Social Security, the start of the activity must be reported.

If you have worked in an activity compatible with total permanent disability and later become unemployed, the SEPE notes that unemployment benefits may be compatible if you meet the requirements and the pension was already compatible with the job that generated unemployment entitlement.

The key point
Do not assume either that you can work freely or that you cannot work at all. Your degree, your profession, and the specific activity all need to be assessed carefully.
 

We can also help you if your disability has already been recognised and you want to review it

Permanent disability is not always a final decision. Social Security itself provides for the review of the pension as long as you have not reached retirement age. This review may be triggered by worsening, improvement, diagnostic error, or even because the beneficiary works as an employee or self-employed person.
This works in two directions:

• to request a higher degree if your condition has worsened,
• and to defend yourself if there is an attempt to review or modify your benefit.

I want to review my permanent disability

How we handle your case at ASO Corporate

1. We assess whether it is worth pursuing
   First, we tell you the truth: if we see a viable path, we will tell you. If we don’t, we will also be clear about it.
2. We break your case down to reality
   We don’t work with generic labels. We analyse your actual profession, your real duties, your medical reports, and your specific limitations.
3. We prepare the evidence with purpose
   Permanent disability is not won with a pile of unorganised documents. It is won when medical evidence and legal strategy speak the same language.
4. We file the claim through the correct route
   If it’s an initial application, we prepare it properly. If there is already a refusal or insufficient decision, we handle the administrative appeal and, if necessary, court proceedings.
5. We also support you on the employment side
   If the recognition of disability affects your employment relationship, we don’t leave you alone with that issue. We review it with you.

What documentation we need

Si ya tienes resolución del INSS, envíanosla. Si además tienes informes médicos recientes, partes de baja, historial clínico relevante, descripción real de tu puesto de trabajo, vida laboral o cualquier documento que refleje cómo te limita tu situación, mejor.

Si no lo tienes todo, no pasa nada. Te diremos exactamente qué falta y qué merece la pena conseguir.

If you want to know if your case has merit, we'll tell you clearly.

If you already have a resolution from the INSS (National Social Security Institute), we'll review it for you.
If you haven't started the process yet, we'll advise you on whether it's best to proceed now or wait until you have more evidence.

Request an initial assessment