Social Security disability pension
Verified 26 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
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. You can get a disability pension to compensate for lost wages. The invalidity pension is awarded on a provisional basis. This can be changed, suspended or deleted depending on your situation.
Conditions of incapacity
You are considered disabled within the meaning of Social Security if, after an accident or illness in your private life (of 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 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 €21,457.
1. Apply
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.
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).
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 granting daily allowances (maximum 3 years)
- Date on which CPAM ceased to grant you Sick Pay
You depend on the MSA
You must complete the disability pension application form.
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 package leaflet attached to the form).
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 granting daily allowances (maximum 3 years)
- The date on which the MSA ceased to grant you Sick Pay
2. Response from your Social Security organization
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:
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. €3,666 per month in 2023).
The pension shall be calculated taking into account the category of invalidity, under the following conditions:
Disability Category | Percentage of average annual salary | Minimum monthly amount of invalidity pension | Maximum monthly amount of disability pension |
|---|---|---|---|
1re category | 30% | €311.56 | €1,099.80 |
2e category | 50% | €311.56 | €1,833.00 |
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.
Effective Date
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.
Periodicity of payment
Your Social Security organization pays you your pension every month, with due date (for example, early November for the October pension).
General case
You stop receiving your disability pension when you reach the legal retirement age. You then receive a retirement pension, starting on the 1er the day of the month following the date on which you reach the legal retirement age.
The legal retirement age is set at 62 years.
Please note
if you qualify for early retirement (for handicap, long quarries or arduousness), your pension is interrupted from the date from which you are entitled to it.
You're working
If you work when you reach the statutory retirement age, you continue to receive your disability pension until you apply for the pension.
Your disability pension is automatically replaced by a retirement pension when you reach full retirement age. This age varies according to your date of birth, under the following conditions:
Year of birth | Retirement age automatic full rate | Insurance period required for to receive a full pension |
|---|---|---|
1954 | 66 years and 7 months | 165 quarters (41 years and 3 months) |
1955 - 1956 - 1957 | 67 yrs | 166 quarters (41 years and 6 months) |
1958 - 1959 - 1960 | 67 yrs | 167 quarters (41 years and 9 months) |
1961 - 1962 - 1963 | 67 yrs | 168 quarters (42 years) |
1964 - 1965 - 1966 | 67 yrs | 169 quarters (42 years, 3 months) |
1967- 1968 - 1969 | 67 yrs | 170 quarters (42 years and 6 months) |
1970 - 1971 - 1972 | 67 yrs | 171 quarters (42 years and 9 months) |
1973 and beyond | 67 yrs | 172 quarters (43 years) |
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
The legal retirement age is set at 62 years.
If you have found a job at the end of these 6 months, you continue to receive your disability pension until you apply for the retirement pension.
If you have not found a job at the end of these 6 months, your disability pension is automatically replaced by a retirement pension.
Who can help me?
Find who can answer your questions in your region
To obtain information about your rights and procedures, ask a question about your file, report a change of situation or consult your refunds.
By telephone
3646
Open from Monday to Friday. Attention: the opening hours vary according to your department. As a general rule, opening hours are at least from 8:30 am to 5 pm.
Free service + call price, from a fixed or mobile phone.
From Mayotte, dial 02 69 61 91 91, Monday to Thursday from 7:30 am to 2:30 pm, Friday from 7:30 am to 12 pm.
From the foreigner: +33 1 84 90 36 46 (variable rate depending on the telephone operator).
To facilitate the answers, remember to bring your Vitale card.
By email and chat
Log in to your Ameli account : click on "My steps" and then "consult my exchange space".
You can also use ameliBOT. This chatbot can help you send an email. He can put you in touch with your health insurance fund. Indeed, if at the end of 2 requests, ameliBOT does not provide you with a satisfactory answer, you can contact a health insurance advisor via the exchange area of the Ameli account.
- Social Security Code: Articles L341-1 to L341-17Invalidity condition
- Social Security Code: Articles L341-5 and L341-6Amount of invalidity pension
- Social Security Code: Articles L341-7 to L341-9Approach
- Social Security Code: Articles L341-15 to L341-17Retirement age
- Social Security Code: Article D341-1Retirement age
- Social Security Code: Articles R313-1 to R313-17Condition of social security membership: Article R313-5
- Social Security Code: Articles R341-2 and R341-3Invalidity condition
- Social Security Code: Articles R341-4 to R341-7Amount of invalidity pension
- Social Security Code: Articles R341-8 to R341-13Approach
FAQ
- Your disability pensionNational Health Insurance Fund (Cnam)