<p>The present article analyzes the pension right recognized in favor of the disabled brother when the death of a retired person occurs and there aren’t more beneficiaries and he claims that right for himself, especially what the judicial and administrative authorities should do when the invalidity has been consolidated after the death of the pensioner or affiliate. To analyze this article it will have to be considered the legislative progress of the Law 100 of 1993, amended by Law 797 of 2003, as well as the jurisprudence of the high courts.</p>