The landscape of contributory pensions
The public pension system rests on the contributory pensions of Social Security: financial benefits granted to those who have contributed during their working life and meet the legal requirements. We are not talking only about retirement. Under this umbrella coexist retirement in its various forms, permanent incapacity, survivor’s, orphan’s, and pensions in favour of family members.
They all share a common logic: they are calculated by applying a percentage to a regulatory base, which in turn is obtained from the contribution bases over a given period. The years contributed, the age, and the personal circumstances of each person mean that two similar working lives can result in very different pensions. That is why it is worth carefully reviewing each case before accepting it as correct.
The role of the lawyer before the INSS
The National Social Security Institute (INSS) resolves thousands of cases and, as in any mass procedure, errors occur: miscalculated regulatory bases, contribution periods that are not counted, questionable denials of incapacity, or grades recognised below what is due.
When that happens, you are not defenceless. The usual procedure starts with a prior appeal before the INSS itself, within a set time limit from notification of the ruling. If it is dismissed —or the deadline passes without a response— the door opens to the employment court route, where a judge reviews the case. At BBM Abogados we handle the whole journey: we review your working life, detect whether the regulatory base or the percentage are correct, prepare the appeal and, if necessary, file the claim and defend you before the employment tribunal.
How it connects with incapacity
A large part of pension claims relate to incapacity for work. If your situation results from a common illness or an accident, our guide on incapacity is of interest to you; if the origin lies in your job (workplace accident or occupational illness), see occupational incapacity, which usually has more favourable treatment in terms of requirements and amount.
And if your question focuses on the retirement stage, we have two specific guides: early retirement, with its forms and reduction coefficients, and the survivor’s pension, with its requirements and compatibilities.
Why BBM Abogados?
Since 1990 we have been advising in Santander and Cantabria on employment and Social Security matters, with a personal touch and rigour. We know how the INSS processes cases, what defects its rulings usually have, and how to bring an appeal with a chance of success. If you think your pension is miscalculated or you have been denied a benefit, do not give it up for lost. Tell us about your case with no obligation or call us on 942 36 10 48; we will tell you clearly whether it is worth appealing.
