The Superior Court of Justice of Madrid has ruled, albeit partially, for a 56-year-old El Corte Inglés employee to receive a pension for total permanent disability derived from failed back syndrome. Social Security had refused to grant him absolute disability (for which 100% is charged) since it considered that he still had the capacity to perform lighter jobs, although not his usual profession as a sales manager.
Apparently, this man had worked as a sales manager at El Corte Inglés since 1997 and he began to suffer serious back problems, which led him to request temporary disability leave. The doctors diagnosed him with lumbar degenerative disc disease and L4-L5 disc herniation, so he had to undergo several operations with an unexpected result, that is, he did not improve, developing “failed back syndrome.”
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Given this situation, he requested permanent disability from Social Security, but it was denied, since according to the Disability Assessment Team (EVI) “he did not present sufficient functional reductions to prevent him from working as a sales manager.” Despite filing a claim, the worker did not receive a favorable response.
Given the lack of response and the worsening of his condition, since, as the sentence states, “he had not experienced improvement, continuing with persistent pain despite the treatment and with a low state of mind,” the affected person decided to go to court to request that his absolute permanent disability be recognized, alleging that his physical and psychological situation prevented him from carrying out any type of work activity.
Right to total permanent disability
In the Social Court No. 6 of Madrid, after reviewing all the medical reports, it was determined that the worker had the right to total permanent disability for his usual profession as a sales manager at El Corte Inglés. The judge considered it proven that his ailments, including failed back syndrome, prevented him from performing tasks that required “prolonged standing, handling loads or continuous movement,” although he still retained the ability to perform other lighter or sedentary activities.
For this reason, the court recognized him a lifetime pension equivalent to 55% of his regulatory base, set at 3,011.86 euros per month, with economic effects from June 11, 2022. The resolution explains that the worker suffers “significant pain radiating to the left leg, severe limitation of mobility and need for help for basic activities such as dressing or grooming”, which shows that he cannot continue exercising his profession of origin.
Dissatisfied with the ruling, the worker appealed to the Superior Court of Justice of Madrid requesting that his degree of disability be raised to absolute, but the Court rejected his appeal. The court confirmed the sentence, understanding that “the actor retains the capacity to carry out tasks that allow postural alternation and do not entail the physical requirements of his usual position,” which is why it maintains the recognition of total and not absolute incapacity.
What is failed back syndrome
What is known as “failed back syndrome” is one of the most common sequelae in patients who have undergone spinal surgery. According to clinical estimates, between 10% and 40% of people who undergo surgery may end up suffering from this condition. Its main characteristic is persistent pain, which often becomes even more intense than what they suffered before surgery.
It is a pathology of complex origin, which does not always respond well to conventional treatments and can cause severe functional limitation. Among the most frequent symptoms are:
- Chronic low back pain that persists after surgery.
- Stiffness in the affected area and loss of mobility.
- Weakness in the legs or difficulty sitting or standing for long periods of time.
- A reduced ability to carry out daily activities.
- The need for ongoing medication to manage pain.
By consulting the Judiciary’s ruling search engine, you can see that, as happens with other pathologies (such as fibromyalgia, multiple sclerosis or degenerative disorders), permanent disability in its absolute degree is not always granted. In fact, in some cases no type of disability is even recognized.
This is because Social Security does not have a list of diseases that automatically grant permanent disability. The Medical Court does not evaluate the illness itself, but rather the sick person; That is, how that specific pathology affects each worker. For this reason, each case must be studied individually. Even so, the INSS decision is not final: in case of disagreement, a claim can be made both administratively and judicially.