The Superior Court of Justice of Asturias (TSJA) has refused to grant a lifetime pension for total permanent disability to a former professional footballer, despite the fact that Justice itself recognizes that his illness prevents him from continuing to develop his sporting career. The key to the ruling is not in his state of health, but in the failure to comply with one of the basic legal requirements: being registered or in an assimilated situation in Social Security at the time of requesting disability or with sufficient time between one event and another.
The ruling, dated September 23, 2025 (which can be consulted at this link from the Judiciary), dismisses the appeal filed by the player against the resolution of the Social Court number 5 of Oviedo, which had already rejected his request. The footballer claimed a pension equivalent to 55% of his regulatory base, set at 2,717.75 euros per month, but in the end he will not have the right to receive it.
The plaintiff, born in 1995, developed his career as a professional soccer player for more than eight years, competing on top-level teams. However, his career was cut short at the age of 26 after the worsening of a chronic illness that he had had since childhood.
The TSJA recognizes that he cannot play as a footballer, but denies the incapacity
If something stands out about the case, it is that neither the court nor the TSJA itself question the seriousness of the footballer’s medical situation. In fact, the ruling is forceful in stating that, if the formal requirements were met, the player would have perceived the disability.
Thus, he literally states that the illness he suffers from “would prevent him from carrying out the fundamental tasks of the usual profession of a footballer.” And it is no wonder, since the footballer came to add several parallel pathologies that ended up withdrawing him from professional activity, facts that could not be turned around seeing his evolution.
The footballer is diagnosed with type 1 diabetes mellitus, extrinsic asthma and diabetic retinopathy, pathologies that, together, have progressively deteriorated his physical capacity. The resolution itself details that this disease caused severe limitations, “without tolerating great effort, in addition to presenting episodes of respiratory dyspnea, headaches and dizziness.”
This deterioration was precisely the reason why his club terminated his contract in January 2022, ending his professional career.
The problem is not medical, but legal: he was not registered with Social Security
Despite the above, the Court makes it clear that permanent disability is not only a medical issue, but also a legal one. To access the benefit, the law requires meeting certain requirements, including being registered with Social Security or in a similar situation.
In this case, the court concludes that this condition is not met. The ruling explains that the player requested disability in June 2023, when he had already been out of the system for more than a year without maintaining an effective connection.
The ruling highlights that registration as a job seeker did not occur until February 2023, after a long period of inactivity. This inscription is not sufficient due to the date on which it occurred, much later than it should have been.
The TSJA refuses to apply the “humanizing” doctrine of the Supreme Court
The footballer tried to rely on the well-known doctrine of the Supreme Court that makes the discharge requirement more flexible in certain cases. However, the TSJA considers that the necessary circumstances to apply it do not exist here.
The Chamber recalls that this interpretation is only valid when there is a justified cause that explains the disconnection with the system. And in this case there isn’t.
In fact, the ruling is especially clear in pointing out that “no impediment (neither more nor less serious) capable of replacing the worker’s will to remain within the system” was proven.
“It does not protect the will to remain in the world of work”
For the court, it is not enough that he registered as a job seeker after 13 months had passed since his last contract as a professional footballer and it makes it clear that this does not demonstrate that the person concerned really wanted to remain in contact with the world of work. This is how the error explains it:
“Registration as a job seeker after thirteen months of voluntary withdrawal from the system (…) does not safeguard the necessary maintenance of the will to remain in the world of work”
This is undoubtedly key, since the regulations precisely require demonstrating continuity in the employment relationship in order to access contributory benefits.
Permanent disability is not just a medical issue
The TSJA also takes the opportunity to remember that permanent disability has a complex nature. It is not enough to prove physical or functional limitations, but it is necessary to comply with all associated legal requirements.
In this sense, the ruling emphasizes that it is a concept with “inseparable personal, labor and legal components”, which implies that the recognition of the benefit depends on both the medical situation and compliance with the administrative conditions.
The sentence is not final
Finally, the TSJA fully confirms the lower court resolution and dismisses the appeal of the footballer, who is left without a pension despite the fact that his illness prevents him from continuing to compete at the highest level.
However, the sentence is not final and an appeal can be filed against it for the unification of doctrine before the Supreme Court.