The Superior Court of Justice of Cantabria has recognized the right of a workshop manager with generalized anxiety, panic attacks and lower back ailments to collect a total permanent disability pension for life. For this court, his psychological state prevents him from performing a profession that requires high concentration and decision-making.
The conflict began in January 2024 when the National Social Security Institute (INSS) denied him permanent disability, arguing that his injuries did not reach a sufficient degree of reduction in his work capacity (by then, the affected person was 58 years old).
Regarding his injuries, he suffered from both physical problems (low back pain and lumboarthrosis without significant functional limitations) and a serious limiting psychiatric pathology. His main diagnosis was generalized anxiety disorder and panic disorder, as well as “cluster C” personality traits (avoidant, obsessive, anxious…) with a history of stress and grief.
The trigger for his current state was in October 2020, due to a high level of stress and conflicts in his work environment. Since then, it has presented a torpid evolution; He had been undergoing numerous pharmacological treatments and psychotherapy for more than four years without achieving a positive response and suffered from a significant vegetative correlate (tremors, shaking, nausea, palpitations and refractory elevation of blood pressure) and anhedonia (inability to feel pleasure).
Go to court to achieve permanent disability
Once the administrative route had been exhausted, the man filed a claim before the Social Court No. 6 of Santander, which partially upheld it and recognized his total permanent incapacity for his usual profession as workshop manager (denying absolute incapacity).
This recognition gave him the right to receive a lifetime pension of 55% (increased by 20%) on a regulatory base of 3,003.34 euros per month, which is equivalent to around 2,252.51 euros. The court considered that his psychiatric limitations prevented him from carrying out the complex tasks of his position, although he retained the capacity for light and low-demand professions (in fact, he had recently passed a guard exam for fear of being left without income).
Not satisfied with the sentence, Social Security decided to appeal it, arguing that the employee’s condition did not justify the severity necessary for a permanent disability. To do so, they argued that his situation was not definitive and stated (although incorrectly, according to the Court) that he had not been in specialized treatment for more than two years, so there was room for improvement.
The TSJ of Cantabria confirms the total permanent disability
The Superior Court of Justice of Cantabria dismantled the Social Security arguments, pointing out that the medical reports (especially those from psychiatry) proved that the worker had been undergoing specialized treatments for more than four years, which is why the prudential period of one and a half or two years that jurisprudence usually considers to classify a depressive-anxious condition as chronic had been far exceeded.
There were also no prospects for improvement in the short or medium term. On the other hand, the court noted that the profession of “workshop manager” requires high responsibility, decision-making, ability to concentrate, management of the personnel under his charge and constant communication. A work environment that, in fact, was incompatible with his psychological state.
For this reason, they confirmed the lower court ruling and dismissed the Social Security appeal, declaring the affected beneficiary of a total permanent disability, since he is still suitable for jobs away from stress and staff supervision. However, the disability could be reviewed in the future if there is a substantial improvement in your condition, in accordance with the General Social Security Law.
This ruling was not final and an appeal could be filed against it for the unification of doctrine before the Supreme Court.