The Superior Court of Justice of Castilla-La Mancha has recognized a bakery clerk’s right to receive a permanent absolute disability pensionderived from a common illness, due to the severe migraine she suffers, after being rejected by the National Social Security Institute (INSS). This is a lifetime pension equivalent to 100% of its regulatory base, which amounts to 1,138.28 euros per month.
The 37-year-old woman presented a request for permanent disability to the INSS in March 2023 due to migraine with photophobia and post-traumatic right costal chondritis, which was rejected by the management body as it did not appreciate any organic or functional impairment. Given the refusal of Social Security, he decided to take legal action.
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This confirmed that she had suffered multiple attacks due to refractory chronic migraine, with daily headaches in 2015, associated with work stress. It was also shown that the response to multiple preventive and symptomatic treatments had failed; attending emergency services on numerous occasions; successive periods of sick leave and the monitoring of their situation by the Sescam Neurology Service.
Chronic refractory migraine, as stated in ruling 2145/2025, added to multiple comorbidities caused a significant deterioration in his quality of life and severe disability in various areas of his personal life. Thus, the Social Court No. 4 of Toledo upheld his claim, granting him a permanent absolute disability pension for life equivalent to 100% of a regulatory base of 1,138.28 euros/month.
Social Security complains but justice once again agrees with the worker
Given the ruling of the social court, it was the INSS that complained and presented an appeal before the Superior Court of Justice of Castilla-La Mancha, arguing that the worker’s pathological situation was not chronic and only justified temporary disability processes.
That was not what the court determined, which considered it proven that the shop assistant suffered from a refractory chronic migraine without response to preventive treatments, with episodes of daily chronic headache and with a very severe impact.
In such health circumstances, the magistrates noted, “it is evident, as indicated by the judge, that she is unable to carry out, not only her usual tasks as a bakery clerk, but that it is difficult to imagine that the plaintiff, as a result of the pain she suffers, can carry out any professional activity, even if it is not of a physical nature, with the minimum of concentration, dedication and efficiency that are typical of any professional task, which means that the reason must be considered.”
Thus, they dismissed the Social Security appeal and fully confirmed the lower court ruling: the woman has the right to receive an absolute permanent disability pension. This sentence is not final and could be appealed against in cassation.