Social Security disability pension

Verified 01 January 2024 - Legal and Administrative Information Directorate (Prime Minister)

Revaluation rates for 2024

Published on 1 January 2024

Some recovery rates for 2024 are not yet known. The information contained in this card will be amended in January.

You may be recognized as disabled if your ability to work and earn is reduced by at least 2/3 (66%) as a result of an accident or illness of non-occupational origin. The invalidity pension is granted on a provisional basis. We present you with the information you need to know.

Conditions of incapacity

You are considered disabled within the meaning of Social Security if, after an accident or illness in your private life (non-professional origin), your ability to work or earn is reduced by at least 2/3 (66%).

For example, you are considered disabled if you are unable to earn more than 1/3 (33%) of the normal wages of workers in your category and working in your region.

FYI  

If the accident or illness is of occupational origin, you can receive an annuity under conditions permanent incapacity.

Conditions for social security membership

You must be member of the social security scheme since at least 12 months to 1er day of the month in which the stoppage of work (giving rise to your disability) occurs or your disability is ascertained.

In addition to the membership period, you must meet at least one of the following conditions:

  • Have contributed on the basis of a remuneration of at least 2 030 times the Smic: titleContent schedule during the 12 calendar months before the interruption of work
  • To have worked at least 600 hours in the 12 months preceding the interruption of work or the establishment of a state of invalidity

Example :

Your work stoppage followed by disability began on June 10, 2020. The right to invalidity pension is open if you meet the following 2 conditions (they are cumulative):

  • You have been affiliated with Social Security since at least the 1er June 2019.
  • And you worked at least 600 hours between the firster June 2019 and 1er June 2020 or, during that same period, you contributed on the basis of remuneration at least equal to €22,878.

If you meet the conditions for the award, the application for a disability pension can be made either directly by your social security organization (CPAM: titleContent, MSA: titleContent) or by yourself.

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Request at the initiative of your social security organization

If the CPAM: titleContent or the MSA: titleContent considers that you meet the conditions for receiving the invalidity pension, she informs you by registered letter of her decision to pay you this pension.

Ask at your initiative

If your social security organization does not take the initiative to offer you a disability pension, you can apply for it yourself directly (in particular on the advice of your attending doctor).

You depend on CPAM

You must complete the disability pension application form:

Application for disability pension

Documents to be provided (copies):

  • Last Income Tax Notice (or Statement of Situation)
  • Identity card or passport (or any other proof of civil status and nationality) + residence permit if you are a foreigner
  • Accident at work Annuity notification if you have an annuity for
  • Notification of pension if you have a disability pension paid by a scheme other than the general scheme
  • Pension notification + decision of the Reform Commission if you have a military pension for illness, war injury or as a civilian victim of war

The form should be sent to your CPAM (accompanied by supporting documents, a list of which is given in the package leaflet attached to the form).

Who shall I contact

Your request is made no later than 12 months after, depending on your situation, one of the following dates:

  • Consolidation of your injury
  • Medical finding of your disability
  • Stabilizing your health
  • Expiry of the legal period for the award of daily allowances (maximum 3 years)
  • Date on which CPAM ceased to grant you Sick Pay
You depend on the MSA

You must complete the application form for a disability pension (it is different depending on whether you are an agricultural employee or a self-employed farmer):

Application for invalidity pension for agricultural workers

Application for invalidity pension for self-employed persons in agriculture

Documents to be provided (copies):

  • Last Income Tax Notice (or Statement of Situation)
  • Identity card or passport (or any other proof of civil status and nationality) + residence permit if you are a foreigner
  • Accident at work Annuity notification if you have an annuity for
  • Notification of pension if you have a disability pension paid by a scheme other than the general scheme
  • Pension notification + decision of the Reform Commission if you have a military pension for illness, war injury or as a civilian victim of war

The form should be sent to your AMM (together with supporting documents, a list of which is given in the leaflet attached to the form).

Who shall I contact

Your request is made no later than 12 months after, depending on your situation, one of the following dates:

  • Consolidation of your injury
  • Medical finding of your disability
  • Stabilizing your health
  • Expiry of the legal period for the award of daily allowances (maximum 3 years)
  • The date on which the MSA ceased to grant you Sick Pay

The CPAM or the MSA informs you by registered letter with request of receipt of its decision whether or not to pay you the invalidity pension, within the following period:

  • either 2 months after the date on which you submitted your application for a pension,
  • or 2 months after the date on which your fund informed you by post of your invalidity.

If you do not receive an answer within this 2-month period, your application for a pension is refused.

If your application for a disability pension is refused, you can 

  • or submit a new application for a disability pension within 12 months of the date of rejection of your 1re request,
  • or challenge the refusal of your cash register (the procedure to be followed is indicated by the CPAM or the MSA).

Disability Categories

In order to determine the amount of the pension, disabled persons are classified by the Social Security system into three categories, according to their situation:

Tableau - Category of disability according to the applicant's situation

Category

Situation

1re category

Disabled person able to engage in gainful activity

2e category

Disabled and totally incapable of practicing any profession

3e category

Disabled who, being absolutely incapable of practicing a profession, and, in addition, under the obligation to have recourse to the assistance of a third person to carry out the ordinary acts of life

Your disability category is determined by the medical officer of the primary health insurance fund (CPAM) or the agricultural social insurance mutual benefit (MSA).

Be recognized as disabled by 2e or 3e This category does not automatically result in your inability to work. It is up to the occupational physician to find out according to the incapacity procedure. However, the occupational doctor may declare you fit to work under conditions to be laid down in his (partial) notice of unfitness, even in the case of classification in 2e or 3e category.

FYI  

The classification in a category is not definitive, for example a disabled person can go from 2e category 1re category.

Calculation formula

Your pension is calculated on the basis of an average annual salary. It is obtained from your best 10 years of salary (wages subject to contributions within the limit of the annual ceiling of Social Security, i.e. €3,864 per month in 2023).

The pension shall be calculated taking into account the category of invalidity, under the following conditions:

Tableau - Calculation of the amount of the pension according to the category of invalidity

Disability Category

Percentage of average annual salary

Minimum monthly amount of invalidity pension

Maximum monthly amount of disability pension

1re category

30%

€311.56

€1,159.20

2e category

50%

€311.56

€1,932.00

3e category

50%, increased by 40% by the third-party surcharge

€311.56

€1,833.00

The amount of the pension may be increased or decreased if your health is changing or if you're back to work.

The invalidity pension may be subject to the following taxes or contributions:

However, the third-party surcharge is not subject to any levy.

The invalidity pension may be cumulated with other pensions.

The effective date of your pension is the date your CPAM or MSA medical officer assessed your disability. That is, on one of the following dates:

  • Date of consolidation of your injury, in the event of an unprofessional accident
  • Expiry of the maximum period for receipt of daily allowances (3 years)
  • Medical finding of disability due to premature wear and tear on your body

If you are off work for compensation, your pension is paid no later than 2 months after the medical officer's assessment of the state of incapacity.

Your Social Security organization pays you your pension every month, with due date (for example, early November for the October pension).

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You no longer work

You cease to receive your disability pension when you reach the statutory retirement age for incapacity and no longer work.

The statutory retirement age for incapacity is 62.

You will then receive a retirement pension from 1er the day of the month following the month in which you reached the statutory retirement age for incapacity.

Please note

if you qualify for early retirement (for handicap, long quarries or permanent incapacity), your pension is interrupted from the date from which you are entitled to it.

You're working

If you reach the statutory retirement age for incapacity and work, you continue to receive your disability pension until you apply for the pension.

Your invalidity pension is automatically replaced by the incapacity pension obtained on account of your invalidity, from the age of 62. However, if you wish to continue working, you can continue to accumulate your working income with your disability pension after age 62 and up to age 67. 

You're unemployed

You can continue to receive your disability pension up to 6 months after reaching the statutory retirement age if you meet the following 2 conditions:

  • You are unemployed when you reach the legal retirement age
  • You were employed 6 months before that age

Please note

To continue receiving your disability pension, you must apply, if you meet the 2 conditions.

The statutory retirement age for incapacity is 62.

If you have not found a job at the end of these 6 months, your disability pension is automatically replaced by a retirement pension.

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