A forklift operator who underwent surgery for a hernia achieves absolute permanent disability with a pension of 1,558.02 euros after Social Security denied it

A worker has managed to have the court recognize his absolute permanent disability after Social Security denied it, despite having undergone surgery for a hernia in both groins and the pain not disappearing despite several other interventions having been performed. The Superior Court of Justice of Madrid thus gives 100% of the regulatory base, set at 1,558.02 euros.

The worker, whose profession was a forklift driver, had been on medical leave since November 2022 and in February 2024 he had to undergo surgery to cut three nerves in his right groin to try to relieve the pain, but without seeing any improvement. Given the situation, Social Security denied him permanent disability in any of its degrees, since it understood that his injuries did not limit him enough to work.

According to the ruling (available in the Judiciary), which could be appealed to the Supreme Court, the pain was “refractory to treatment” (it did not respond to any) and limited him when it came to carrying weight or sitting, standing or walking for long periods of time, and made it difficult for him to push or pull. Added to that was the fact that he suffered from chronic otitis, which caused him to lose hearing, tinnitus (ringing in the ears) and intolerance to noise and cold.

Furthermore, since 2024, the worker had a recognized degree of disability of 75%, with difficulty using public transport, and in March 2026 the Community of Madrid recognized him as having degree I dependency.

Now, the fact of having a recognized disability does not give the right to permanent disability, since they are two different things. Disability is assessed by the autonomous community and disability by Social Security, which can deny it even if the degree of disability is high. On the contrary, it does not work the same either, since the Supreme Court rejected this year that having a permanent disability alone gave a 33% disability for everything, although that ruling referred to cases prior to the 2023 reform.

Not being able to go to work also makes you unable to work.

Not being satisfied, he went to the Court of First Instance of Madrid, which agreed with him and recognized his absolute permanent disability. Social Security appealed, alleging that its limitations were partial and did not fit into any degree of article 194 of the General Social Security Law.

The TSJ adds up all his ailments, but in particular focuses on one, since “he suffers from a very important limitation in the use of public transport, which prevents him from traveling normally and regularly to any workplace.” For the court, without being able to get to work, there is no possible employment.

The Chamber recalls its own doctrine, according to which it is “little short of utopian” to think about possible employment when someone can barely make the daily trips to and from work. The absolute, he adds, corresponds to those who cannot carry out a useful activity with a minimum of professionalism, performance and efficiency throughout the day.

The Chamber concludes that the worker “is very limited in carrying out any profession with a minimum of professionalism and efficiency.”