The difference between disability and incapacity

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The terms disability and incapacity do not mean the same thing, but this can lead to confusion. Both are processed through different channels. If one is obtained, the other is not automatically awarded. These are not synonyms. You can have a disability and not a permanent disability. If we are recognized as having a permanent disability of any degree, we will not have a disability certificate, but will only have access to benefits related to the workplace.


According to article 4 of the General Law on the Rights of Persons with Disabilities, disability is a limitation for the development of some of the daily tasks of life. In order for this disability to be legally recognized, it is necessary to have a degree of disability of 33% or higher, as indicated in the second section of the aforementioned provision.

Article 4.1 General Law on the rights of persons with disabilities and their social sports betting email list inclusion: Persons with disabilities are those who have physical, mental, intellectual or sensory deficiencies, which are expected to be permanent and which, when interacting with various barriers, may prevent their full and effective participation in society, on equal terms with others.

Regarding work disability : this is a situation in which a worker is not able to perform his or her profession or trade or any work, depending on the degree of disability.


Thus, a worker may be disabled and not have a work disability or vice versa. Although it should be noted that total permanent disability is automatically equated to a disability certificate of 33% with respect to employment.

"A worker may be disabled and not have a work disability or may have a permanent disability but no degree of disability."

Disability recognition:
The procedures for recognising a disability and an incapacity for work are also different.

In order to be recognized as disabled, it is necessary to obtain a disability certificate . This is an administrative document that recognizes the status of a person with a disability to the degree determined by the applied assessment percentages. It is an instrument used to access certain rights and benefits reserved for people with disabilities.

The applicant requests it from the Autonomous Community, in the case of Castile and Leon it is processed by the social services. It is assessed by an Assessment Board using a set of scales and social factors are taken into account : family, economic, work, cultural and environmental factors. The score is based on 15 points, which is the maximum.


If it is recognized, the resolution must indicate the degree of disability, whether it is temporary or permanent, its percentage, score, whether the assistance of a third person is needed, mobility difficulties and the review date.

If you do not agree with the decision, you can file a prior claim within 30 working days . If the claim is denied or not answered by the Administration, the interested party is given a period of 30 days to file a claim before the Social Courts.