The Superior Court of Justice of Castilla-La Mancha has confirmed a permanent disability pension absolute to a 37-year-old woman for chronic fatigue, equivalent to 100% of her regulatory base of 2,773.76 euros (plus any revaluations to which she is entitled). Contrary to what the National Social Security Institute (INSS) defended, myalgic encephalomyelitis and its associated symptoms, such as brain fog and extreme exhaustion, completely nullify the worker’s work capacity.
The self-employed woman worked as an administrative assistant with computer programming tasks. In March 2023, the Disability Assessment Team (EVI) evaluated his conditiondetermining that he suffered from myalgic encephalomyelitis and chronic fatigue syndrome, with symptoms such as extreme fatigue, brain fog, headache and photophobia.
Despite this, they proposed not classifying her with disability for not observing “objectifiable functional limitations”, which led the INSS to deny her permanent disability benefit on March 23, 2023.
The worker sues the INSS to obtain permanent disability
Given the refusal, the worker filed a lawsuit, which was upheld by the Social Court number 1 of Ciudad Real. The judge agreed with him because it was medically proven that his pathologies (atypical myalgic encephalomyelitis, intolerance to screens, loss of memory and concentration, and an adaptive disorder with anxious-depressive symptoms) prevented him from developing any profession or trade.
Consequently, it declared her in a situation of absolute permanent disability and sentenced the INSS to pay her a lifetime pension of 100% of her regulatory base (2,773.76 euros per month) with effect from March 23, 2023. Not in compliance, Social Security appealed the ruling, filing an appeal before the Superior Court of Justice of Castilla-La Mancha.
The TSJ of Castilla-La Mancha confirms the absolute permanent disability
In the appeal, the INSS, among other reasons, argued that the worker was not prevented from carrying out her normal profession. To assess this capacity, the Superior Court of Justice of Castilla-La Mancha resorted to the established jurisprudence on absolute permanent disability, remembering that this exists when the worker does not have the capacity to carry out any productive task with a minimum of professionalism, continuity, performance and effectiveness.
Extrapolating this to the case, the conclusions of an expert who testified at the trial stated that the woman’s condition was so severe that she could not leave the house, drive, and suffered from physical and mental exhaustion that prevented her from carrying out any activity other than her self-care. Thus, the court concluded that the worker was “greatly” prevented from working.
Consequently, the TSJ of Castilla-La Mancha dismissed the INSS appeal and confirmed the lower court ruling, ratifying that the woman was deserving of an absolute permanent disability pension. The sentence is not final and can be appealed in cassation before the Supreme Court.