Attendance allowance for the disabled - Appealing decisions of the National Insurance Institute

An appeal can be submitted to the attendance allowance appeals committee by someone who is not satisfied with the National Insurance Institute’s decision.
An appeal can be submitted to the medical committee for general disability appeals by a person whose claim was denied due to medical disability percentages that do not entitle the  person to the benefit.
An appeal can only be submitted to the Labor Court on questions of law.

An appeal can be submitted to the attendance allowance appeals committee by someone who is not satisfied with the National Insurance Institute’s decision regarding the amount of the allowance approved for him, or because his claim was denied, or because he is not satisfied with the date of commencement of his entitlement to the allowance that was approved for him, provided that he meets one of the following conditions:
           He is receiving a general disability pension and has a medical disability of at least 60%.
         He is not receiving a general disability pension and has a medical disability of at least 75%.
         He was entitled to an attendance allowance before reaching retirement age.

A reasoned appeal should be submitted in writing within 90 days of the date on which the letter with the NII’s decision was received. The appeal should be submitted to the National Insurance Institute branch closest to the place of residence.

An appeal can be submitted to the medical committee for general disability appeals within 30 days by someone claiming an attendance allowance who does not have a rate of medical disability that would entitle him to an allowance as specified above.

An appeal can only be submitted to the Labor Court by a person whose claim was denied because of provisions in the law or the regulations, such as:
         He is living in an institution that provides medical, nursing or rehabilitation services.
         He is living abroad.
         He is receiving a mobility allowance.
         He has a high monthly income.
         He is receiving a special pension under another law.
         He is requesting to receive retroactive payment for more than 6 months.

A reasoned appeal should be submitted in writing within 6 months of the date on which the letter with the NII’s decision was received.

An appeal can also be submitted to the regional Labor Court by a person who is not satisfied with the decision of the appeals committee. The appeal should be submitted within 30 days of the date on which the letter with the NII’s decision was received.

Legal Aid
If you decide to appeal a decision of the National Insurance Institute to the regional Labor Court, you are entitled to apply for free legal aid from the legal aid offices of the Ministry of Justice. You must submit the application on a special form to the legal aid office in your area of residence.