Attorney Victor Arpa: “Social Security can discharge you after 15 months of sick leave and without seeing you.”

An employment lawyer explains
The labor lawyer explains on his TikTok channel how the system works through which Social Security does not require a medical examination to grant a discharge. / Free choice

Any kind of bureaucracy tends to be tedious for anyone who does not have specific training in this regard, whether in medical, work or residency matters. Former Cantabrian President Miguel Ángel Revilla, also an economist, stated in November 2024 that “Spain is a A country of bureaucrats and bureaucracy“Since then, the role of administrative processes continues to be on the political agenda, although not only on the Spanish agenda. This summer the European Union urged a reduction in bureaucratic procedures to boost spending by Member States on defence. Therefore, both at the personal level and at the state level, the constant flow of administrative papers is a recurring theme.

Given the difficulty of some procedures, lawyers such as Victor Arba, who specializes in labor rights, call for turning to specialists to suggest functional measures. In this case, through her TikTok channel, Arpa reveals the protocol that Social Security follows regarding… Medical discharge after sick leave.

The labor lawyer focuses his content on social media under the slogan “Fight for what is yours.” Through its channel on the Chinese social network, Arpa explained how to fight unfair dismissal, how to defend medical leave or how to file a claim after a work accident. All this with A Simple language He urged her followers to consult specialists if they have any questions.

In one of his recent videos on his TikTok channel, Víctor Arpa explains the procedure whereby Social Security grants a medical discharge and not a family doctor. “Social Security can enroll you after fifteen months of sick leave without seeing you for a moment,” Arpa initially stated. The reason, as the lawyer explains in his video, is that after more than… One year offThe decision no longer belongs to the family doctor, but rather is the responsibility of the National Institute of Social Security (INSS).

The matter goes further and the lawyer delves into the matter: “As of the three hundred and sixty-fifth day, the National Institute of Homeland Security is in charge, and they are reviewing your entire file: reports, evidence, development…” For this reason, once personal information is mentioned, “they can sign the registration without contacting you, without exploring you and Without a face to face appointment“After that, the patient must wait for the decision to arrive, but there will be no further action, according to the recording,” explains Arpa.

The lawyer explains that the discharge notification reaches the patient directly and that this process does not require any type of personal consultation or consultation Physical examination By Social Security. Furthermore, it explains that terminating medical leave in this way is completely legal when the deadlines stipulated by the regulation are met.

Arpa confirms on her TikTok channel that this measure affects many people, even though they do not know how the system works. For this reason, it recommends paying special attention to deadlines and necessary procedures in cases where the patient deems that he or she is not in a position to return to work. “You have four calendar days to do this Submit a dispute In addition, you must notify your company on the same day, or at the latest, the next day.

How to calculate the money you will get if you are on medical leave.

The claim deadline is very short, as the pro explains in the video, as it is four calendar days. After filing a dispute, the medical examiner must re-evaluate the situation and determine whether to maintain the discharge or confirm the INSS discharge. The lawyer says that if the dismissal is approved contrary to the worker’s opinion, it is still possible to appeal through judicial means. Arpa also stresses that the key is “that they give to you Unloading without seeing you“Doesn’t mean you have to accept it.”