The Superior Court of Justice of the Basque Country has recognized the absolute permanent disability of 100% of its regulatory base of 1,275.98 euros per month to a domestic worker with fibromyalgia and depression who was denied by Social Security on the understanding that pain did not take away her mobility. Justice considers that with these injuries he cannot work at anything, since he cannot endure even light efforts and needs help even in his own home.
The woman, born in 1977, worked as a domestic worker and was on medical leave from March 2023 to August 2024, that is, a year and a half. Upon exhausting the maximum duration of temporary disability, the INSS processed permanent disability, which was denied.
The reason for the medical court is that he had “generalized pain”, but “without limitation of mobility”, in addition to anxiety and depression with “preserved higher functions”, in other words, that he had no memory or concentration problems. Despite claiming disability, it was denied again, so he had to go to court.
Right to absolute permanent disability
The San Sebastián court agreed with him, since it was considered proven that he had “fibromyalgia with 18 myofascial points out of 18” (all points explored), along with chronic fatigue and serious depressive episodes, and that “all therapeutic possibilities” had already been “exhausted.” Since the INSS was not satisfied with this decision, it decided to go to the Superior Court of Justice of the Basque Country.
The TSJ rejected the appeal, once again ruling in favor of the domestic employee. The Court explains that the woman’s condition limits her “the possibility of carrying out any effortful task, no matter how light it may be, with minimal performance, continuity and effectiveness,” and that depression affects her attention, memory and decision-making.
For this reason, the magistrates believe that the beneficiary’s access to the labor market under minimum conditions of performance and continuity is “illusory.” They also highlight that the woman has been granted home help service, something that for the Chamber, although not binding on the court, “is highly illustrative” of how she is, according to the ruling (available in the Judiciary).
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In this way, the woman will have the right to collect “a lifetime pension of 100% of the regulatory base of 1,275.98 euros per month” since absolute permanent disability is what limits any type of profession and gives the right to 100% of the base. Social Security also tried to delay that date for fifteen days, until October 18, but the court does not accept it either.