The Superior Court of Justice of Madrid (TSJM) has granted a pension for permanent total disability to a Lidl employee who worked as a cashier/stocker for more than 11 years. Initially, Social Security had rejected the request, arguing that the worker’s pathologies did not reach a sufficient degree to justify total disability, despite the fact that He suffered from fibromyalgia and cognitive disorders that hindered their work performance. However, the court has determined that these conditions did limit his ability to practice his usual profession, granting him a pension equivalent to 55% of his regulatory base.
As detailed in the sentence, it all begins in 2016, when the Lidl worker, who performed duties as a cashier/stocker, was diagnosed with fibromyalgia, in addition to presenting symptoms that significantly affected her work performance. For this reason, he requested that Social Security recognize his permanent disability. Despite this, in the report issued by the Disability Assessment Team (EVI), it was concluded that theThe consequences did not justify a permanent disabilitysince they were not considered sufficient to limit their job functions. For this reason, Social Security denied his request.
Not satisfied with this decision, and before initiating judicial proceedings, the worker filed a claim with Social Security, which was dismissed for the same reasons. In the resolution, it was argued that the ailments, including cognitive alterations such as frequent forgetfulness, prevented him from carrying out his usual profession with a minimum of effectiveness. However, Social Security again rejected his request, reaffirming its initial position.
Total permanent disability for your usual profession
The Social Court No. 35 of Madrid, after analyzing the case, considered that The worker’s pathologies, including fibromyalgia and cognitive alterations, prevented her from carrying out her usual work. as a cashier/stocker with a minimum of continuity and efficiency. Therefore, recognized total permanent disability for his usual profession, derived from a common illness. With this, I order Social Security to grant him a pension equivalent to 55% of his regulatory base, set at 850.46 euros per month.
Social Security was not satisfied with the decision and filed an appeal before the Superior Court of Justice of Madrid (TSJM). In the appeal, the National Social Security Institute (INSS) argued that the worker’s pathologies did not reach the necessary severity to justify total permanent disability. They argued that the diagnosis of fibromyalgia, by itself, should not determine the degree of disability and that the functional limitations described did not prevent them from carrying out their usual work.
Fibromyalgia was incompatible with his work activity
He TSJ of Madrid rejected the appeal presented by Social Security and confirmed the first instance ruling. The court indicated that the worker’s functional and cognitive limitations, proven in the medical reports, were serious enough to prevent her from performing her job as a cashier/stocker with the efficiency required by the labor market. In its resolution, the TSJM stated that “The plaintiff’s medical conditions, including fibromyalgia and cognitive impairments, affect both her physical and mental capacity, making it impossible for her to perform the tasks of her usual profession..”
The TSJM based its decision on jurisprudence and article 194 of the General Social Security Law (LGSS), which establishes that this degree of disability must be recognized when the conditions significantly limit the performance of the usual profession. Finally, it confirmed the worker’s right to receive the total permanent disability pension, which disqualifies her from the usual profession, but with the possibility of developing any other that is compatible with her limitations.