Exclusive | The hidden crisis of the Disability Boards: 28,000 backlogged cases and $54 billion in limbo

When a person suffers an accident or develops an acquired disability and applies for a disability pension, the certificate validating whether such a right should indeed be granted is issued by a Disability Assessment Board. These boards are medical and technical bodies that decide what percentage of a person's work capacity is lost after an accident or illness. Their opinion is essential for accessing disability pensions, compensation, or health care, and they operate at two levels: the regional boards (first instance) and the national board (second instance for appeals).

However, a recent report from the Ministry of Labor, known exclusively by EL TIEMPO, reveals that currently more than 28 thousand procedures remain pending without a ruling, thousands of families are trapped in a bureaucratic limbo and resources totaling more than 54 billion pesos have been frozen in processes that are not moving forward.

The Ministry of Labor report, dated August 13, 2025, and submitted to the Attorney General's Office, shows that the disability assessment system in Colombia is on the verge of collapse. According to official figures, as of June 30 of this year, there were 28,017 cases backlogged by the regional boards and the National Board, an unprecedented figure that experts describe as an example of "institutional neglect."

The document details that 17,329 applications do not even have an initial ruling, 3,791 are under appeal without a second-instance decision, and 6,897 files have not yet been sent to the National Board. In simple terms: tens of thousands of people with serious illnesses or disabilities have been waiting for months—and in many cases years—for the State to determine their degree of loss of work capacity, an essential requirement for accessing a pension or compensation.

“Behind every number, there's a human face. Those waiting for a ruling cannot access a pension or compensation. This means families without income, interrupted medical treatments, and a bureaucratic limbo that condemns people to living on charity,” explains attorney Carlos Andrés Vega Mendoza, a specialist in administrative law and human rights.

Beyond the backlog, the report reveals a disturbing discrepancy in the figures. While the boards report 17,329 cases pending a ruling, the pension fund administrators (AFP) and occupational risk administrators (ARL) report that there are actually 43,557 applications pending. The difference—26,228 cases—reveals that thousands of applications may have been "lost" or incorrectly recorded.

"This lack of control and management shows that the system doesn't even know for sure where all the cases are. We're talking about more than 26,000 requests in the air, with no clarity as to whether they were filed, miscounted, or lost along the way," Vega points out. For the jurist, this lack of coordination causes incalculable damage: citizens left without a response because their case was lost in the administrative tangle.

The Attorney General's Office also warned about this discrepancy, according to EL TIEMPO. "There is no clarity regarding the total damming figures, nor regarding the measures taken by the Ministry in this regard," the Public Prosecutor's Office stated at a technical meeting held on August 20.

According to the entity's statement to this newspaper, the difference of more than 26,000 cases must be urgently reconciled through "working groups with the participation of all the actors and institutions involved."

Adding to the human tragedy is the financial one. According to official figures, by June, the boards had received more than $54.882 billion in advance fees for issuing opinions that have yet to be completed. Of that amount, $29.121 billion corresponds to procedures that have not even been formally filed.

"Yes, there are more than $54 billion owed for unfinished business. Some of these payments even correspond to cases that haven't even been formally filed. In legal terms, this can be classified as unjustified collection or financial loss, which warrants fiscal oversight and possible sanctions," Vega warns.

The discovery not only compromises the legitimacy of the system, but also opens the door to disciplinary and fiscal proceedings. While families wait for resolutions that never arrive, funds remain frozen in the boards' accounts.

The problem isn't just one of congestion, but also one of institutional legitimacy. According to Vega, "there are board members whose terms have expired since 2014 and who, despite lacking legal jurisdiction, continue to make decisions." This could lead to an even more complex scenario: nullification of issued opinions, reimbursement of fees charged without jurisdiction, and multi-million-dollar lawsuits against the State.

For the lawyer, this is a "double crisis": one of administrative congestion, which traps more than 28,000 families, and another of legitimacy, due to the irregular permanence of members without a current appointment.

For its part, the Attorney General's Office agreed with this irregularity. According to what was discussed at the working group, the Ministry of Labor itself acknowledged that the merit-based competition to renew the boards' membership has not been held, despite a court order. "Members with expired terms persist, which exacerbates the crisis of legitimacy and jeopardizes the validity of the rulings," the oversight body emphasized in response to questions sent by this newspaper.

According to EL TIEMPO, the Attorney General's Office consulted the Ministry of Labor about congestion relief plans. The response was that only the Bogotá Territorial Directorate submitted a response plan. The rest of the country's regional governments did not report any strategies. "It's a structural failure. Except in Bogotá, there are no response plans, no timelines, and no responsible parties. This demonstrates a total lack of national coordination," Vega emphasizes.

In April 2025, the Administrative Court of Cundinamarca, in the context of a class action lawsuit, had already ordered the Ministry of Labor to maintain additional decongestion rooms. However, judicial follow-up confirmed that the measures have been insufficient and that the deadlines for issuing rulings continue to be violated.

The regional governments with the highest backlogs are Bogotá (7,666 cases), Cauca (2,767), Antioquia (1,866), Cesar (952), Tolima (975), and Meta (890). "An immediate improvement plan should be required so that the governments can begin relieving congestion, while the Ministry moves forward with the creation of regional decongestion centers," the Attorney General's Office stated.

The prolonged impoundment directly violates the fundamental rights of Colombians. People who have been waiting for a ruling for one, two, or even five years are at risk of losing their subsistence allowance, their access to healthcare, and the possibility of receiving a pension.

"The risk is twofold: for citizens, it means violations of the minimum living standards, health care, and pensions; for the State, it means invalidated reports, improperly received fees, and multi-million-dollar lawsuits against the nation," Vega summarizes.

The jurist insists that the crisis is not only technical, but also human. "We are facing a systematic violation of fundamental rights and access to the administration of justice. The State has abandoned those who most need protection," he says.

Along the same lines, the Attorney General's Office emphasized that this is a structural problem that already compromises collective rights. "We are not facing simple administrative delays; it is a situation that threatens the social security, health, and access to justice of thousands of Colombians," the agency stated, while announcing that it will conduct preventive monitoring of compliance with the measures adopted by the Ministry.

The seriousness of the situation led to the filing of a class action lawsuit seeking immediate precautionary measures. These measures include requiring the Ministry of Labor to renew the membership of the boards using the Resume Database, available starting in 2023, and ensuring transparency in the processes.

The Attorney General's Office and the Comptroller's Office, Vega warns, must also intervene: the former to monitor the legality of the procedures and the latter to determine the handling of unspent resources.

Meanwhile, thousands of families continue to wait. “Every day that passes without a decision is a silent condemnation for thousands of Colombians. The time lost here is life time that cannot be recovered,” Vega concludes.

Environment and Health Journalist