Appealing the percentage of medical disability
A person for whom a medical disability of less than 80% or a degree of incapacity of not over 74% was established, may appeal the percentage of medical disability before the Medical Appeals Board.
The written appeal stating the reasons must be submitted to the National Insurance Institute branch in your place of residence within 60 days from the date of receipt of the written notification regarding the percentage of medical disability. You can send your appeal to a branch directly through the website.
The Medical Appeals Board may confirm or change the percentage of medical disability established by the certified physician (it may increase or decrease it).
The decision of the Medical Appeals Board is final, and the only further appeal may be on questions of law, which must be brought before the Regional Labor Court. The appeal must be submitted to the Labor Court within 60 days from the date of receipt of written notification from the NII regarding the decision of the Medical Appeals Board.
Important, if the Medical Appeals Board considers to lower the percentage of disability that you have been granted, it will inform you of its intention, and in certain circumstances you will be able to revoke your appeal.
Appealing the degree of incapacity
A person who was deemed not to have lost his earning capacity or to have lost less than 50% of his earning capacity, and a person for whom a degree of incapacity of not over 74% was established, are entitled to appeal the degree of incapacity to the Appeals Board.
The written appeal stating the reasons must be submitted to the National Insurance Institute branch in your place of residence within 60 days from the date of receipt of the NII’s written notification regarding the decision on the degree of incapacity. You can send your appeal to a branch directly through the website.
The Appeals Board may confirm or change the degree of incapacity established by the claims officer (he may increase or decrease it).
The decision of the Appeals Board is final, and the only further appeal may be on questions of law, which must be brought before the Regional Labor Court. The appeal must be submitted to the Labor Court within 60 days from the date of receipt of written notification regarding the decision of the appeals board.
Important, if the Medical Appeals Board considers to lower the degree of incapacity that you have been granted, you will be able to revoke your appeal, and the degree of incapacity will remain unchanged as established by the Medical Board that examined you in the first place.
Appealing other decisions by the claims officer
Decisions made by the claims officer that do not involve a degree of incapacity, such as his decision regarding the insured’s period of employment, his age, education, income from employment or from other sources - can be appealed before the Regional Labor Court. The appeal must be submitted to the Labor Court within 12 months from the date of receipt of written notification from the claims officer regarding his decision.