If the Spanish Social Security system (INSS) has turned down your claim, whether that's a pension, a benefit, or a medical discharge decision, you don't go straight to court. Spanish law requires an extra step first: the prior claim.
A prior claim is a formal appeal you file with the INSS asking them to reconsider a negative decision. It's simply a way of putting your disagreement on record before the case can move to a judge.
Once you submit it, the INSS has 45 business days to give you a proper answer. This 45-day period is set out in the General Law of Social Security. There's one exception: if you're challenging a medical discharge decision, the deadline is much shorter, just 7 days.
If the 45 business days pass and you've heard nothing, the law treats that silence as a denial. That might sound bad, but it actually works in your favor: it means the clock starts running on your right to take the matter to court, even without a written reply.
What happens next
If the INSS denies your prior claim, whether they say so explicitly or simply stay silent past the deadline, you then have 30 business days to file a lawsuit with the Social Court. Missing that window can cost you the right to challenge the decision at all, so it's worth tracking these dates carefully or getting help to do it for you.
