Dynamics of the benefit of permanent disability. Coexistence with other benefits and the development of lucrative activities

Abstract

This paper aims to analyse the exceptions that Spanish Law and case law establish to organize the compatibility between permanent disability benefits and the earnings of a job, and between these benefits and any other benefits of the Social Security system. This study looks for clarifying when permanent disability benefits (either partial, total, absolute or great disability) can be considered compatible with profitable work, and when permanent disability benefits can be enjoyed simultaneously with other different benefits or Social Security payments (retirement pensions; temporary disability benefits; unemployment benefits; survivors’ pensions). Although Spanish Social Security system is founded on the purpose of compensating situations of social need and providing alternative earnings in cases of lack of economic means, these rules of compatibility does not always match with that purpose, so a more critical approach is needed through the analysis of the more recent case law.