The Superior Court of Justice of Catalonia has confirmed the right of a self-employed bus driver to receive absolute permanent disability due to the worsening of his psychiatric condition, despite the fact that the National Institute of Social Security (INSS) refused to revise upwards the benefit that he had already recognized. With this decision, the worker will receive a lifetime pension of 100% of his regulatory base, set at 2,522.69 euros per month, with effect from the effective cessation of the activity.
The plaintiff, born in 1985 and included in the RETA, had been recognized since 2020 as having a total permanent disability for his usual profession as a driver due to a pattern of substance abuse. The sentence recalls that that recognition was linked to “alcohol abuse, cannabis abuse, cocaine abuse”, with limitations on activities that risked third parties, including driving.
Years later, the worker began a grade review process. Despite this, Social Security issued a resolution on July 6, 2023 by which it decided “not to review the degree of disability”, a decision that was maintained after the previous claim, denied on October 31, 2023.
Social Security refused to review the grade and the worker claimed
The Social Court No. 17 of Barcelona ruled in favor of the worker and declared him in absolute permanent incapacity “for all types of work.” The Social Security, not compliant, filed an appeal before the TSJ of Catalonia alleging that, although the driver could not drive again, he could perform “light or sedentary” tasks, as long as they did not involve danger or getting behind the wheel.
To support this, the INSS referred to psychiatric reports that, it alleged, indicated that the worker had not used drugs for months. But the court rejects that, in this way, an attempt is made to reopen the evidentiary debate, since these allegations “are of an evidentiary nature” and “do not fit” in an appeal filed for violation of substantive norms or jurisprudence.
The Superior Court of Justice of Catalonia explains that it is not about the mere possibility of carrying out isolated tasks, but about being able to work with a minimum of “continuity, dedication and efficiency.” In other words, the court understands that it is not enough to be able to perform isolated tasks, but it is necessary to be able to perform a job normally and with sufficient performance; If the limitations prevent this in any profession, absolute permanent disability applies (regulated in article 194.5 of the General Social Security Law).
With this criterion, the Court compares the state that justified the total disability in 2020 with the current situation and focuses on the real functioning of the worker. The sentence states that he is part of the severe mental disorder program, in these terms: “he is part of the TMS program”, he regularly attends health visits and, despite having not been using for months, he maintains a serious condition with “ideas of death”, “social isolation” and “anxiety”, in addition to “tics being evident”.