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More info on the Previous Claim to the Social Security in Spain

The Previous Claim is basically a document that is submitted to the Social Security in order to request the modification or revocation of a negative resolution prior to a final lawsuit and therefore going to court against the administration.

This Prior Claim must be filed at any Social Security (INSS or CAISS) registry office. However, it is possible to submit it electronically, signing the claim itself with a digital certificate.

The claim must state:

  • Name, address, ID and telephone number of the claimant.

  • Trade name, company name, address, NIF and telephone number of the company against which the claim is made if the negative resolution was regarding a Permanent Disability for example.

  • Brief and clear description of the facts that are the subject of your claim.

  • What you request with the claim.

Subsequently, there is a period of 30 working days to present the previous claim since the resolution is notified. From the moment of presentation of the Claim, the INSS has a period of 45 working days to reply to it.

It is advisable that this Previous Claim is filed by a lawyer as if it was rejected eventually by the INSS or simply not answered, the next step would be to submitt a lawsuit and then If errors of fact or law were made in the content of that Prior Claim it would not be possible to correct those errors in court.

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