The Superior Court of Justice of Catalonia has recognized a permanent absolute disability pension for a former self-employed bus driver with addictions, contrary to what the National Social Security Institute (INSS) defended. For justice, the worsening of his health (with bipolar disorder, severe depressive and anxious-obsessive symptoms, along with a history of chronic consumption), causes serious cognitive impairment that completely disqualifies him not only from driving, but from carrying out any job, no matter how light or sedentary, for which he has the right to receive a pension equivalent to 100% of his regulatory base. In this case, 2,522.69 euros per month.
The man in question was self-employed and worked as a bus driver. In November 2020, he was awarded a total permanent disability pension for his usual profession due to his addictive disorders: abuse of alcohol, cannabis and cocaine, which prevented him from carrying out activities that risked third parties, including driving vehicles.
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In 2023, he began a process to review and raise his degree of disability, a request that the INSS denied in both July and October 2023, considering that his pathologies had not worsened. A medical opinion from the ICAM confirmed that he suffered from alcohol and cocaine use disorder, bipolar affective disorder, tic disorder, and psychofunctional limitations.
Once the administrative route was exhausted, in 2025 he went to court and the Social Court No. 17 of Barcelona ruled in his favor, upholding his claim and recognizing his absolute permanent incapacity for all types of work. As a result, they sentenced the INSS to pay him a pension equivalent to 100% of his regulatory base, set at 2,522.69 euros per month.
Social Security appeals the sentence
The INSS did not agree with the previous ruling and presented an appeal before the Superior Court of Justice of Catalonia. In this, he argued that although the former driver’s pathologies prevented him from driving, they do not disqualify him from carrying out light, sedentary and non-dangerous work. To support this, they alluded to recent psychiatric reports that indicated that the patient had not used substances for 10 months.
The TSJ of Catalonia recognizes his absolute permanent disability
The Superior Court of Justice of Catalonia made a comparison of the injuries he had in 2020 compared to the current ones, remembering that absolute permanent disability is only granted when the worker does not have the minimum required continuity, dedication and efficiency essential to perform any job, no matter how simple or light it may be.
The court confirmed, based on the proven facts, that there had been a significant deterioration in the worker’s health. He began to suffer from active and florid depressive symptoms, along with obsessive anxiety symptoms, and to suffer from severe cognitive impairment derived from both his own psychiatric pathology (bipolar disorder) and the medication he required.
This clinical picture causes serious dysfunctions in basic life activities, personal care, affectivity and work functions. Symptoms that are chronic and have a definitive prognosis, causing social isolation and confinement at home, tics, lack of responsibility, loss of personal autonomy and a profound lack of concentration.
With this assessment, the TSJ concluded that the former driver’s current limitations had reached “levels of severity that prevent him from performing any type of work,” dismantling the INSS argument that he could still perform light tasks. Furthermore, he stressed that in this appeal phase it is not appropriate to reevaluate specific medical reports (as the INSS suggested with the periods of abstinence).
Consequently, it dismissed the INSS appeal and confirmed that the former driver had the right to receive a permanent absolute disability pension. This ruling was not final and an appeal could be filed against it for the unification of doctrine before the Supreme Court.