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Medical Discharge Challenge

From our law firm in Murcia capital we can offer you the legal support to carry out the disability processing according to the circumstances that corresponds to you, as well as managing the challenge of the medical discharge, when there are reasons that make said discharge inappropriate and unjustified, so that you can not worry about this entire complex procedure, since we are aware of the emotional cost that this type of procedures entails, in which the worker is deprived of financial benefits to which he is entitled due to an illness, and for which he has made financial contributions throughout his professional life.

We will carry out the processing of the entire procedure from the moment the worker is discharged from the hospital without having recovered his or her working capacity or after 365 days of temporary disability, presenting within 4 calendar days of his or her notification,  document in which it is challenged before the Medical Inspection of the Public Health System, stating the reasons for its disagreement and other evidence available.

Likewise, you have the obligation to notify your company on the same day or the next business day, by presenting a copy of the application that you have submitted to the INSS.

Once the non-conformity of the medical discharge has been presented to your company and the INSS, the medical inspection services must extend their resolution within 7 calendar days if the medical discharge issued by the INSS is appropriate or not.

After that, if the resolution issued by the INSS is negative, we will present a prior claim to it within a period of 11 days from the notification of the resolution, unless the same resolution is attributed the effects of resolution of a prior claim, in which case may be resorted to the social jurisdiction.

During this entire procedure We will inform you about your employment status and your obligations and rights, letting you know particularities such as that it is not necessary to file a prior claim, when the 365-day period of temporary disability has expired, or that during the processing of this claim the leave will be considered extended until its resolution, collecting the subsidy in the meantime. of temporary disability.

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