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What is a Prior Claim to Social Security in Spain?

The prior claim is nothing more than an administrative appeal filed to the Social Security. Specifically before the INSS (National Institute of Social Security). The purpose is always the same: express our disagreement against a negative resolution.

Once it is formulated the prior claim, the INSS must respond expressly to it within forty-five days. Otherwise, the claim for administrative silence will be deemed denied.

The term established by the Law is 45 business days, this is regulated in section 5 of article 71 of the General Law of Social Security, once the worker has submitted the Prior Claim document, although in medical discharge challenge procedures, the term is 7 days.

Once the resolution on the previous Claim had been notified, and if it'd have been denied once again, there'll be a period of 30 business days to file the lawsuit in the corresponding Social Court.

Let's insist one more time that in the event that the Prior Claim document is submitted and 45 business days had passed without obtaining a response, it must be understood as denied due to administrative silence and therefore, the period for filing a legal claim will open once the 45 business days have elapsed.

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