Social Security Law

Permanent Disability Claims

We advise and represent clients in proceedings concerning the recognition of
permanent disability and challenges to decisions issued by the Spanish National
Social Security Institute (INSS).

Our services include matters involving:

• Partial permanent disability.
• Total permanent disability for the claimant’s usual occupation.
• Absolute permanent disability.
• Severe disability requiring assistance from another person.
• Review of an existing degree of disability.
• Denial of permanent disability benefits.
• Challenges to administrative decisions.
• Prior administrative claims and proceedings before the Spanish Labour Courts.

These cases require a careful assessment of the claimant’s medical condition,
functional limitations, usual occupation and the specific requirements
established under Spanish Social Security law.

Challenging Disability Decisions

We represent clients when the Social Security authorities deny permanent
disability status, recognise a lower degree of disability than claimed or
review a previously recognised disability.

We examine the administrative file, medical evidence, professional circumstances
and the claimant’s functional limitations in order to assess the grounds for
challenging the decision.

Where appropriate, we file the required prior administrative claim and
subsequently pursue proceedings before the Labour Courts.

Social Security Pensions and Benefits

We advise on claims seeking recognition of pensions and other Social Security
benefits where the authorities have denied entitlement, disputed the amount
payable or challenged compliance with the applicable requirements.

Our practice includes:

• Retirement pensions.
• Survivor’s and widow’s or widower’s pensions.
• Orphan’s pensions.
• Permanent disability benefits.
• Denied pensions and Social Security benefits.
• Challenges to decisions issued by the INSS.
• Disputes concerning contribution periods, benefit calculations and eligibility
  requirements.

Survivor’s Pensions and Complex Family Situations

Entitlement to a survivor’s pension can become particularly complex where the
deceased and the claimant were not married, where their relationship or
cohabitation was not formally registered, or where other family circumstances
require specific evidence.

In these cases, we analyse the legal relationship between the parties, the
circumstances and duration of their cohabitation, the applicable financial
requirements and the evidence available to determine whether the statutory
requirements for the benefit may be satisfied.

The absence of marriage does not necessarily determine the outcome of every
case. However, unmarried and other non-standard family situations require
particularly careful analysis under the applicable Spanish Social Security rules.

Denied Pension and Benefit Claims

When a retirement, survivor’s, orphan’s or other Social Security pension or
benefit is denied, we review the reasons given by the authorities and the
evidence contained in the administrative file.

Our assessment may include:

• Social Security contribution periods.
• Registration or equivalent qualifying situations.
• Regulatory base and benefit calculations.
• Family and personal status requirements.
• Financial eligibility requirements.
• Compatibility and incompatibility rules.
• Evidence submitted during the administrative proceedings.

Where there are sufficient legal grounds, we pursue the appropriate
administrative and judicial remedies to seek recognition of the pension or
benefit.

Social Security Registration, Affiliation and Contributions

We also advise on disputes involving the registration of employees with the
Spanish Social Security system and the recognition of periods of employment
and contributions.

These matters may arise where:

• An employer has failed to register an employee correctly.
• Periods actually worked do not appear correctly in the employee’s Social
  Security record.
• The actual commencement date of the employment relationship is disputed.
• There are discrepancies concerning contribution periods or contribution bases.
• The Social Security authorities challenge or cancel a previously registered
  employment relationship.

These situations may have significant consequences for access to benefits,
contribution records and the worker’s administrative status.

Cancellation of Social Security Registration

In certain proceedings, the Spanish General Treasury of Social Security (TGSS)
may conclude that a declared employment relationship did not genuinely exist
and may review or cancel the employee’s Social Security registration.

These cases require a detailed analysis of whether services were actually
performed, together with employment documentation, payments, working
arrangements and any other evidence capable of establishing the genuine
existence of the employment relationship.

Cancellation of Social Security registration can have consequences extending
beyond employment and Social Security law.

Social Security and Immigration Matters

Disputes concerning Social Security registration, contribution records or the
genuine existence of an employment relationship may also have direct
consequences for certain Spanish immigration proceedings.

Evidence of genuine employment, contribution periods or Social Security
registration may be relevant in administrative procedures concerning residence
and work authorisations.

Where a matter involves employment, Social Security and immigration issues,
EBAN Abogados approaches the case from a coordinated
perspective, taking into account the interaction between the different areas
of Spanish law.

Representation in Spanish Social Security Matters

Social Security proceedings require a precise assessment of the administrative
history, contribution records, medical or employment evidence and the specific
statutory requirements applicable to each benefit.

At EBAN Abogados, we assess each case individually and define
the appropriate legal strategy, both before the Social Security authorities and,
where necessary, before the Spanish Labour Courts.