If a worker, due to illness or an accident, cannot keep performing their duties in the usual way, they may declare a long-term physical or mental impairment that prevents professional activity. Permanent incapacity is recognized when those impairments are confirmed. To be eligible for a permanent disability pension, one must pass the medical board examination, which assesses, reviews, and ultimately certifies the worker’s incapacity.
The medical board is an agency of the National Institute of Social Security, known as INSS. In Catalonia it operates under the health department and it is responsible for inspecting permanent work disabilities. It is a mandatory process for anyone with a common or work-related illness who wishes to apply for a long-term absence from work.
According to INSS data, more than half of requests are denied and must be strongly justified. In addition to answering questions correctly, the attitude or even physical appearance can influence the outcome.
It is commonly stated by a practicing attorney that facing the medical board honestly is crucial and that there are potential pitfalls to be aware of.
For the lawyer, the key is not to try to hide or present something that is not true. Wearing overly formal attire or applying heavy perfume can backfire. There have been cases where a person with cancer was denied for appearing too made up. This should not be read as advice to appear unwell, but rather to present a natural, honest appearance at the assessment.
The recommendation is to attend the medical board in normal attire and with a natural, unmade-up look, presenting the face as it is day to day. It should not look as if the person is radiant or staged for the occasion.
One is expected to appear genuinely unwell, so that the claim for incapacity is credible. If there is back pain, it should be noticeable when sitting. Attempts to mask negative signs will likely harm the case.
Frequently Asked Questions
The questions the board typically asks are ordinary, but they should not be treated lightly. Here are some of the most common questions that can carry subtle traps:
How are you feeling? For the board, understanding the patient’s sensations helps to ease the atmosphere and prevent the patient from perceiving the board as intimidating.
Have you shown any improvement in your illness or injury since the start of your leave? This question aims to assess whether improvements might lead to a definitive recovery or a lower degree of incapacity than first anticipated.
Did you come alone or accompanied? This question checks the level of independence and whether the patient can move around autonomously.
What was your job position? This question examines whether the worker, if unable to perform the current role, could undertake other tasks either within the same company or elsewhere.
What kind of daily tasks did you perform? This question relates to earlier ones and helps determine if the person can keep the job, which in practice influences the assessment of the permanent incapacity.