Resolución de incapacidad permanente del INSS: how to read the decision

Sent byInstituto Nacional de la Seguridad Social (INSS, National Social Security Institute)
Usual deadlineReclamación previa (prior administrative claim): 30 days from notification
Urgency● High
What to do firstLook near the end for the degree you've been granted (or whether it's refused) and note the date you received the decision: 30 days to challenge it run from the next day.
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What this letter is

It’s the resolución (decision) of the Instituto Nacional de la Seguridad Social (INSS) deciding whether you have an incapacidad permanente (permanent disability) and to what degree. It comes after you’ve been seen by the Equipo de Valoración de Incapacidades (EVI) (disability assessment team), the medical board. It may grant you a degree, refuse it or, if you already received a pension, change it after a review. The amount and degree depend on what it says, so it’s worth reading carefully.

How to read it: the key parts

What you see in the decision What it means
Dirección Provincial del INSS (INSS provincial office) Who decides and where you file your challenge.
Nº de expediente (case number) Your case reference. Always use it.
Grado: parcial, total, absoluta o gran incapacidad (degree) What you’ve been granted. If it says «no afecto de incapacidad permanente» (not affected by permanent disability), it’s a refusal.
Contingencia: enfermedad común, accidente no laboral, accidente de trabajo o enfermedad profesional (cause: common illness, non-work accident, work accident or occupational disease) The origin. It affects the calculation and the contribution requirements.
Base reguladora and porcentaje (calculation base and percentage) Your pension is calculated with these: 55 % (total), 100 % (absoluta).
Fecha de efectos (effective date) From when you get paid.
Plazo para instar la revisión (date to request a review) From what date a review for worsening or improvement can be requested.
Pie de recursos (appeals footer) Deadline and body for the reclamación previa.

The four degrees, in brief:

  • Parcial: you lose at least 33 % of your performance in your profession. You get a one-off payment, not a pension.
  • Total: you can’t do your usual profession but can do another. Pension of 55 % of the base reguladora, plus 20 % from age 55 if it’s presumed hard to find another job.
  • Absoluta: you can’t work in any profession. 100 % pension.
  • Gran incapacidad: you also need another person’s help for basic activities. Pension plus a supplement to pay whoever cares for you.

What deadline you have

  • Reclamación previa: 30 days from the day after notification (art. 71 of Ley 36/2011).
  • The INSS must answer within 45 days. If it doesn’t, it’s deemed rejected.
  • Claim at the Juzgado de lo Social: 30 days from the negative answer or from when the 45 days pass with no answer.
  • If you’re an employee and you’re granted total, absoluta or gran incapacidad: you have 10 calendar days from notification to tell your employer in writing that you want to keep working.

Example: you receive the decision on Monday 5 October. The 30 days start on Tuesday 6. Don’t leave it to the last day.

What you can do

Option When it makes sense What happens next
Accept it If the degree and amount are correct You start being paid from the effective date.
Reclamación previa If you’re refused or given a lower degree than you think you should The INSS reviews; then the labour court.
Check the calculation If the base reguladora or the contingencia don’t add up You can include it in the reclamación previa.
Talk to your employer If you want to keep your job The employer has 3 months to adapt it or move you.
Request a review later If you get worse later From the date stated in the decision.

What happens if you do nothing

  • The decision becomes firme (final) and you can no longer challenge it this way.
  • If you’re refused and don’t challenge it, you’d have to start a new application.
  • If you have a contract and say nothing to your employer within the 10 days, they can terminate it.
  • If you’re granted the degree, you’ll be paid as the decision says, even if the calculation has errors.

Common mistakes

  • Confusing incapacidad permanente with incapacidad temporal (sick leave): they are different benefits.
  • Challenging it without providing new or complete medical reports.
  • Letting the 30 days pass while waiting for a medical appointment.
  • Not checking the contingencia: a work accident treated as a common illness changes the amount.
  • Starting work without checking whether it’s compatible with your degree.

How to respond step by step

  1. Read the degree, the amount and the notification date.
  2. Ask for a copy of the case file and the EVI report if you don’t have it.
  3. Gather recent medical reports from your doctor and specialists.
  4. File the reclamación previa on the Seguridad Social online portal with Cl@ve, a digital certificate or electronic DNI, or at a registry or CAISS (Social Security service centre) by appointment.
  5. Keep the receipt with the filing date.

Expediente n.º [número]. D./D.ª [nombre], DNI/NIE [número], presento reclamación previa contra la resolución de incapacidad permanente notificada el [fecha], porque [motivo: mis lesiones me impiden cualquier trabajo / la base reguladora no es correcta]. Adjunto [informes]. Solicito que se me reconozca la incapacidad permanente en grado de [grado].

Translation: Case no. [number]. [Name], DNI/NIE [number], I file a prior claim against the permanent disability decision notified on [date], because [reason: my injuries prevent me from doing any work / the calculation base is wrong]. I attach [reports]. I request recognition of permanent disability at the [degree] degree.

Cartamiga tip: before challenging it, compare the limitations described in the EVI report with your medical reports. If any condition is missing, that’s the clearest basis for your claim.

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Frequently asked questions

What are the degrees of incapacidad permanente?

Parcial (partial: you lose at least 33 % of your performance in your profession), total (you can't do your usual profession but can do another), absoluta (absolute: you can't do any work) and gran incapacidad (severe disability: you also need another person's help for basic daily activities).

How much is paid for incapacidad permanente total?

A pension of 55 % of the base reguladora (benefit calculation base). It can rise by a further 20 % from age 55 if it's presumed you'll find it hard to get another job. Absoluta is 100 % and parcial is a one-off payment.

How do I challenge the permanent disability decision?

File a reclamación previa with the INSS within 30 days of notification. If they don't answer within 45 days or reject it, you have 30 days to file a claim at the Juzgado de lo Social (labour court).

Can my permanent disability be taken away?

Yes, through a review for improvement. The decision states from what date a review for worsening or improvement can be requested, as long as you haven't reached retirement age. If you work or there was a misdiagnosis, it can be reviewed earlier.

Do I lose my job if I'm granted incapacidad permanente total?

Not automatically any more. Since 2025 you have 10 calendar days from notification to tell your employer in writing that you want to stay, and the employer has 3 months to adapt your job or move you to another.

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General information based on current Spanish law. Every letter is different: the deadline written on yours is the one that counts.

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