EN 
ES What is the date of structuring disability status for people living with HIV?
The date of structuring of the state of disability corresponds to the date on which a person's physical and mental abilities are diminished to such a degree that he/she is unable to carry out any economically productive activity. The loss of working capacity is graded in percentages and must be declared by a Disability Rating Board (Decision T-551/13).
From what percentage of loss of working capacity can I apply for a disability pension?
If there is a reduction in working capacity of 50% or more, a pension can be requested. If it is denied, a tutela can be filed for the recognition of this benefit, which is a fundamental right because it is closely related to the right to live with dignity, to work and to enjoy full health and integrity [...].
And do I have to meet any other requirements to be granted it?
In order to qualify for a disability pension, the law also requires that 50 weeks of contributions have been paid in the three years prior to the date of the disability or the date on which the person has effectively stopped working and contributing permanently and definitively. (Ruling T-627/13, T-551/13, T-428/13, T-138/12, T-855/11, T-699A/07) Note: the current law regulating the issue of [...].
Can the Pension Fund refuse to recognise the weeks contributed after structuring?
In the case of the HIV-AIDS virus, the loss of working capacity is not immediate but progressive, and in this context it is not admissible for the Pension Fund not to take into account the contributions made since the disability was structured until the actual decrease in working capacity occurred (Judgment T-893/13, T-627/13).
What if my employer did not pay his contributions or did not transfer the contributions deducted from my salary to the Pension Fund?
The employer's failure to pay contributions to the Pension Fund should not affect the right to receive the disability pension. This does not constitute a valid reason for it to be denied and the Pension Fund continues to be under a legal obligation to grant it if the conditions are met [...].
Can I file a tutela action to have my disability pension recognised?
If the pension was denied by the Pension Fund, even though the requirements explained above are met, a tutela action can be brought. It would be disproportionate to demand that the ordinary justice system be used in such a situation (Judgments T-710/09, T-885/11, T-262/12, T-138/12, T-027/13, T-142/13).
