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Reclamación previa — pre-court claim against an INSS benefit decision

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How it works

  1. 1

    Describe the decision

    Tell the chat what INSS decided, when, and what you disagree with.

  2. 2

    Check the data

    The chat fills in your details, address, grounds and request in Spanish.

  3. 3

    Download the PDF

    Sign the form and file it with INSS on time, keeping a stamped copy.

About the document

Who files:
Anyone who disagrees with an INSS benefit or pension decision
Where to submit:
INSS centre (CAISS) by appointment, public registry or post
Authority:
Instituto Nacional de la Seguridad Social (INSS)
Country:
Spain
Category:
Social Security and pensions
How to fill:
Chat in any language → original form → PDF
Price:
form free · chat €5 per document
Last updated:

What this document is

“Reclamación previa” is the official form of Spain’s National Social Security Institute (INSS). It is used to challenge an INSS decision on a benefit or pension: a refusal, the amount paid, a termination or a demand to repay money already received.

Under Article 71 of the Social Jurisdiction Act (Ley 36/2011, LRJS) this claim is mandatory before you can sue in the social court. The exception is a medical discharge (alta médica) issued by INSS after 365 days of sick leave, which follows a different procedure.

Who files it and where

  • the person whose benefit was refused or wrongly paid — personally or through a representative;
  • the claim is addressed to the INSS Provincial Directorate (Dirección Provincial) that issued the decision;
  • the signed form is handed in at an INSS centre (CAISS) by appointment, at a public registry, or sent by post;
  • deadline under Art. 71 LRJS: 30 days from notification of the decision (or from the date it is deemed refused by silence); for medical discharges that require this claim — 11 days.

What the form asks

One page: applicant details (two surnames, name, DNI/NIE/passport, Social Security number, phone, e-mail), home address, the date and file number (expediente) of the decision challenged, the facts and grounds of your disagreement, what you are asking for, place and date of signing and the province of the INSS directorate.

What to bring

  • DNI, NIE/TIE or passport;
  • a copy of the INSS decision you are challenging;
  • documents supporting your case: work history report (vida laboral), employment contracts, medical reports;
  • a second copy of the form — under Art. 71.7 LRJS it is stamped with the filing date, and you will need it in court.

How to fill it in with FoxDocs

  1. Tell the chat in any language what INSS decided and what you disagree with.
  2. The assistant writes your grounds and request in Spanish capitals and lays out the signing date.
  3. Download the PDF, check it, sign it and file it with INSS on time.

Source

Official INSS form: seg-social.es — Reclamación previa. Deadlines: Ley 36/2011, Art. 71 (BOE). Checked 2026-10-09. This is not legal advice.

Frequently asked questions

Why is a reclamación previa needed?

Under Art. 71 LRJS the social court does not accept a Social Security benefit claim without it. It is the last chance for INSS to correct its own decision.

What is the deadline?

30 days from notification of the INSS decision or from the day it is deemed refused by silence. For medical discharges where the claim is mandatory — 11 days.

How long does INSS take to answer?

Under Art. 71.5 LRJS INSS must reply within 45 days, or within 7 days for a claim against a medical discharge (alta médica). If it does not, the claim is deemed rejected.

What if the claim is rejected?

You can sue in the social court (juzgado de lo social) within 30 days of the rejection or of the deemed rejection. For medical discharges the deadline is 20 days.

Can I use it against a discharge after 365 days of sick leave?

No. Under Art. 71.1 LRJS that INSS discharge is challenged without a reclamación previa: you can go straight to the social court or state your disagreement on a separate form, C-061.

Where do I file it?

With the INSS Provincial Directorate that issued the decision: at an INSS centre by appointment, through a public registry or by post. Ask for a date-stamped copy.

Do I have to cite laws?

Not necessarily. State the facts clearly: what INSS decided, where the mistake is and which documents prove it.

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