Reassessment and appeal of your disability degree in Spain

Terms used

• Reclamación previa — The reclamación previa is the written claim you must file with the disability body before you can go to court.
• Revisión — The revisión is a renewal or review of your disability degree, requested with updated medical reports.
• Demanda — The demanda is the court claim you file to challenge the resolution.
• Juzgado de lo Social — The Juzgado de lo Social is the social court that hears disability degree disputes.
• Recurso de suplicación — The recurso de suplicación is an appeal to the regional high court against a social court ruling.

Key rules

• Prior claim first: You must file a prior claim with the regional disability body before going to court.
• Silence: No answer from the administration counts as a rejection, not an approval.
• Lower degree: A review can lower your degree as well as raise it.
• Current degree: Your existing degree stays valid until a new resolution is issued.

Can you ask for a review if your condition gets worse?

Yes. If your condition has worsened or changed, apply to the regional disability body with new medical reports. A review for worsening can be requested at any time if you can show the condition is worse.

Many regions expect a minimum gap since your last resolution, often around two years, unless you prove the worsening. The gap and the forms vary by region, so check with your regional body before you apply.

Your current degree stays in force until the new resolution is issued.

Be aware that a review can also end in a lower degree. Ask for one only if your reports clearly support a higher or changed degree.

Does your certificate expire?

Look at the resolution. It says whether your degree is permanent or temporary.

• Permanent: your condition is stable and not expected to improve, so the degree does not expire. Adults may still need to update the card.
• Temporary: the resolution sets a review date, and the certificate lapses on that date unless you renew it. Ask for the renewal (revisión) before the date, usually a few months ahead, with updated medical reports.
• Children: a review is often set for when they reach certain ages.

What if you think the degree is unfair?

You cannot go straight to court. First you file a prior claim (reclamación previa) with the regional disability body that issued the resolution.

The deadlines are strict. You must file the prior claim within 30 days of being notified of the resolution, and if it is rejected or not answered within 45 days, you have 30 days to file the court claim. The notice that comes with your resolution states the deadline. Check how the days are counted.

Silence from the administration counts as a rejection. Do not wait for an answer that may never come.

Going to court

File the court claim (demanda) with the social court (Juzgado de lo Social) in your area of residence. The court often asks for an independent medical expert report.

If you lose, you may be able to appeal to the regional high court (Tribunal Superior de Justicia) through a recurso de suplicación, but only when the legal conditions are met. A lawyer or a disability association can tell you whether your case qualifies.

The timeline and warnings below show the steps in order.

Timeline and deadlines

• Wait for the administration's answer; no answer counts as a rejection: the administration has 45 days to answer

• File the court claim (demanda) with the social court in your area: within 30 days of the rejection, or of the 45 days passing without an answer

What to watch out for

• Missing the deadlines: If you miss the deadline for the prior claim or for the court claim, you can lose the chance to challenge the degree. Note the date you were notified, read the deadline on the notice, and file the prior claim well before the 30 days end.

• Going straight to court: The prior claim must be filed before going to court, so a court claim without it can be turned away. File the reclamación previa with the regional disability body first, then go to the social court only after a rejection or no answer.

• Silence is not a yes: If the administration does not answer in time, that counts as a rejection, and the court deadline starts running. Do not wait for a reply after the 45 days pass; file the court claim within the 30 days that follow.

Frequently asked questions

Does my disability certificate expire?

It depends on what the certificate says: a permanent degree never expires, but a temporary one lapses on the review date set in the resolution. Permanent degrees apply where the condition is stable and not expected to improve.

Can my degree go down if I ask for a review?

Yes, a review for worsening can also end in a lower degree if the new reports support it. Until the new resolution is issued, your current degree stays in force. Bring up-to-date medical reports so the assessment reflects your real situation.

How soon after my last resolution can I ask for a review?

Regions often require about two years since the last resolution, unless you can prove the worsening. Apply to your regional disability body with new medical reports. Ask them what minimum period and form apply where you live.

Which court handles my claim if the prior claim is rejected?

Your claim goes to the social court (Juzgado de lo Social) in the area where you live.