Permanent disability for diseases previous to the affiliation in the Social Security

Abstract

In this study, we analyze the problems that encloses recognize a contributory permanent disability benefit to those who suffer from congenital diseases, before be included in the Social Security system. For this, we have studied the general rule that excludes the coverage of these diseases, and after this, we have analyzed the conditions for recognizing exceptional permanent disability for this group of people (especially the presence of these diseases, and his deterioration). Finally we conclude that it cannot be said, in general terms, that all Social Security affiliation of those who have pre-existing injuries, is directed to the purchase of a permanent disability benefit, because the non-contributory invalidity covers those who do not have been able to enter the labor market as a result of their congenital conditions. The recognition of a permanent disability contributory benefit to these workers would be fully justified if we consider that they work, and are exposed to a worsening of their residual capacity, motivated by the natural evolution of his health.