The Superior Court of Justice of Madrid has recognized the total permanent disability to a 61-year-old gardener with post-covid syndrome, peripheral polyneuropathy, cervical vertigos and depressive disorder. Social security had denied it when considering that their ailments were not serious enough to stop working, but justice revoked this decision, so the worker will have the right to a life pension of 55% of her regulatory base, set at 1,355.18 euros per month.
As explained by the STSJ M 8425/2025 (which you can Consult on this link to the Judiciary) The 61 -year -old worker began to suffer from health problems, for whom he had to start a medical leave or temporary disability. After being examined by doctors, it presented a complex picture of chronic ailments, including a post-covid syndrome with persistent fatigue, peripheral polyneuropathy, vertigos, chronic headaches and a depressive disorder with anxiety.
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Given the pathologies, which prevented him from performing his function as a gardener, he decided to request permanent social security disability, but it was denied. The disabilities assessment team explained that “the injuries it suffers do not reach a sufficient degree of decrease to be tax of permanent disability to any degree,” which also meant the extinction of the situation of temporary disability extended.
Right to total permanent disability
Given this situation, the worker decided to go to court. Thus, both the Social Court No. 43 of Madrid and then the Superior Court of Justice of Madrid gave the worker reason, recognizing the total permanent disability for the usual profession.
The Chamber explained that the worker suffered “a special severity in chronic fatigue, emotional exhaustion and risk of accident rate that incapacitates her for the fundamental tasks of gardener, such as the use of heavy tools or dangerous machinery.” For this reason, I could work in another lighter profession, but not as a gardener.
In this way, the TSJ confirmed the sentence and entitled the worker to collect a life pension equivalent to 55% of her regulatory base, set at 1,355.18 euros per month, revalorizable in accordance with the law.
You can continue working on another compatible profession
In this judgment, the key was that the worker’s injuries or pathologies prevented him from working in his usual profession. Thus, the total degree of disability allows to work in another profession compatible with its limitations.
That is why 55% of the regulatory base is charged and not 100% as occurs in the absolute or the great disability. Now, being 61 years old, if this did not find work, I could request the total permanent disability qualified by which 75% of said regulatory base is charged.