⚖️ Legal basics

Yes, retroactive recognition of disability is possible, but with strict conditions:

• The onset date of the disability is key – not the date of your application.

• You must apply within 5 years of the disability starting – or you lose the right to benefits.

• Pension payments can be awarded up to 5 years back from the application date, if the disability period is proven.

💡 If the onset date was more than 5 years ago and no application was submitted, you lose the claim.

🧾 Real example

Marta was seriously injured in 2016. She applied for disability in 2023. The assessment confirmed disability started in 2016, but since more than 5 years had passed, no retroactive payment was allowed.

✅ Tips

• Track when your condition was first diagnosed or significantly impacted your work capacity.

• If unsure, apply anyway – the office will determine the onset date.

• Keep medical records – they’re vital to prove the past condition.

👩‍⚖️ Lawyer’s recommendation

Don’t wait too long. I recommend applying even if you’re unsure about dates – it’s better to be safe. If the pension is awarded too late, I can help file an appeal or assess retroactive options.