Disability Lawyer
At Roma Abogados, specialists in disability law in Malaga, we support workers who are unable to continue in their profession due to health issues. We guide them through every step of the legal process to help secure their pension.
Your Disability Solicitors in Malaga
As disability lawyers in Malaga, we provide a close and personalised service. We analyse your case in detail, gather the necessary medical reports and prepare all the documentation to ensure you have the best chance of success. In addition, we represent you if required before the Labour Court and advise you on the compatibility of your pension with other income or employment.
Having an expert disability solicitor by your side is essential to avoid losing valuable time or opportunities. Not all disabilities are the same, and the requirements vary depending on the degree. That is why, below, we explain the different types of disability in detail.
Contar con un abogado experto en incapacidad laboral es fundamental para que no pierdas tiempo ni oportunidades. No todas las incapacidades son iguales, y los requisitos varían según el grado. Por eso, a continuación te explicamos las distintas tipologías.
What is a Permanent Disability?
A permanent disability is recognised when, after receiving medical treatment, the worker continues to suffer from physical or psychological limitations that prevent them from performing their job normally. There are different levels of permanent disability, depending on the severity and impact on the person’s capacity to work:
What is a Permanent Disability?
A permanent disability is recognised when, after receiving medical treatment, the worker continues to suffer from physical or psychological limitations that prevent them from performing their job normally. There are different levels of permanent disability, depending on the severity and impact on the person’s capacity to work:
Partial Permanent Disability
A partial permanent disability involves a reduction in work performance of at least 33%, but it does not prevent the worker from continuing in the same profession. The Social Security system grants a one-off compensation equivalent to 24 monthly payments of the regulatory base. This type of disability is compatible with continued employment.
Absolute Permanent Disability
In this case, the person is unable to perform any type of work. The pension corresponds to 100% of the regulatory base. It is incompatible with any paid employment, but it can provide greater financial protection.
Severe Disability
This is the most serious level of disability. In addition to being unable to work, the person requires assistance from another individual to carry out basic daily activities (such as washing, dressing, or eating). A pension of 100% of the regulatory base is granted, plus an additional supplement to cover the cost of personal assistance.
In all these cases, having a permanent disability lawyer in Malaga can help you demonstrate your situation with medical evidence, defend your rights and ensure the highest level of social protection. If you are going through this process, place your trust in a professional who knows how and when to act, as well as when to appeal.
What are the requirements to apply for a disability?
To apply for a disability benefit, you must meet several requirements, including:
Being registered with Spanish Social Security Office and in a situation of active contribution or equivalent.
Having received medical treatment and presenting lasting conditions that limit your ability to work.
Providing medical reports that support your physical or psychological limitations.
Meeting the minimum contribution period, which varies depending on your age and the type of disability.
An expert disability solicitor will help you check whether you meet all the requirements and determine which type of disability you may be entitled to claim.
Roma Abogados
Are you looking for a disability lawyer in Malaga? Request your free consultation and protect your rights with the support of specialists in disability claims.
Frequently Asked Questions about Disability Claims
In this section, we answer the most common questions about disability benefits, the legal procedures involved and the available options when applying for or appealing a disability pension. Our aim is to provide clear and practical information so that you understand your rights and can act with confidence.
How long does the process take to obtain a disability pension?
The process can take between 4 and 12 months, depending on whether it is resolved through the administrative route or whether it requires legal proceedings. It usually begins with an application to the Social Security Office (INSS), which has a period of 135 working days to respond.
The process can take between 4 and 12 months, depending on whether it is resolved through the administrative route or whether it requires legal proceedings. It usually begins with an application to the Social Security Office (INSS), which has a period of 135 working days to respond.
In the event of a denial, a disability lawyer can file a preliminary claim and, if necessary, bring the case before the Labour Court. While the judicial route may extend the timeline, it often provides greater guarantees of success.
What does disability cover?
Temporary disability (commonly known as sick leave) covers a percentage of the worker’s salary while they recover. In contrast, permanent disability grants a monthly financial pension, the amount of which depends on:
- The type of disability (partial, total, absolute, or severe disability).
- The regulatory base used for calculation.
- The age and personal circumstances of the applicant.
It may also include tax benefits, access to social support services and the official recognition of disability status.
How much does an expert disability lawyer cost?
The fees of a disability lawyer vary depending on the complexity of the case and whether it is handled through the administrative or judicial route. In general:
Administrative route: flat fees or per-case charges.
Judicial route: fees based on a percentage of the arrears obtained (usually between 10% and 20%).
Many firms also offer fixed-price quotes and flexible payment options.
At our firm, we provide a free feasibility study to assess whether your case is likely to succeed, with no obligation.
Abogados Roma
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