The Superior Court of Justice of Cantabria has recognized the right of a woman with post-covid syndrome to receive the permanent disability pension in its absolute grade, a grade that allows you to collect 100% of your regulatory base, resulting in 1,213.59 euros. She worked as an administrator and, among the consequences, was fibromyalgia, chronic fatigue, respiratory difficulty and tachycardia, among others, resulting in a clinical condition that, for the court, completely disqualifies her from any work activity, even those of a light or sedentary nature.
The woman in question worked as an administrator and, initially, the Disability Assessment Team (EVI) of Cantabria proposed that she not be classified as a beneficiary of a permanent disability, considering that she did not present anatomical or functional reductions that would reduce or nullify her work capacity. This proposal was accepted by the Provincial Directorate of the National Social Security Institute (INSS) and, therefore, the woman complained.
You may be interested
Benigno, a 65-year-old bus driver, manages to recover the permanent disability of 2,593.99 euros due to his addiction to alcohol, cannabis and anxiety, despite the fact that Social Security had withdrawn it
Table with the increase in retirement, widowhood and permanent disability pensions based on the payroll for 2026: this is how it looks according to your salary
This claim was rejected, so he decided to go to court, filing a lawsuit before the Social Court No. 3 of Santander. This court partially upheld her claim, declaring her the beneficiary of a permanent disability but in its full degree. For this reason, his pension only amounted to 55% of the regulatory base (1,213.59 euros).
Claim to the TSJ of Cantabria to achieve absolute permanent disability
As the woman remained dissatisfied, she complained again, this time filing a petition before the Superior Court of Justice of Cantabria, to obtain a permanent disability pension in its absolute degree, arguing that her pathologies disqualified her from any profession or trade.
To this end, it attempted to review the proven facts to include more detailed diagnoses such as fibromyalgia (grade III), anxious-depressive syndrome, sinus tachycardia, cognitive dysfunction, and functional impairment such as dyspnea on small exertion, asthenia, and cognitive difficulties with memory, attention, and concentration.
He wins the INSS and the court grants him absolute permanent disability
The Superior Court of Justice of Cantabria revoked the ruling of the Social Court No. 3 of Santander, considering that the woman was indeed deserving of an absolute permanent disability pension. The Social Court understood that “the clinical state of the plaintiff not only limits the fundamental tasks of her profession as an administrative person, but also all remunerated activity, since the consequences must be considered, at least, foreseeably definitive, given her tendency towards chronicity and the time that has elapsed since the beginning of the diagnosis.”
In this sense, they reiterated that postcovid syndrome It manifests itself in respiratory difficulty, tachycardia, fibromyalgia, severe fatigue, mild cognitive disorder and anxious-depressive syndrome, a clinical picture that “presents the entity necessary to understand that there is an absolute inability to carry out all types of work activities, including those of a simple and sedentary nature.”
The court also explained that other higher courts of justice have ruled in relation to Covid-19, with different results, since the decision “varies depending on the severity of the disease.”
In this case, the TSJ of Cantabria, taking into account the degree of impairment suffered by the woman, agrees to recognize a degree of absolute permanent disability, which “requires that the concurrent ailments disable the person who suffers from them fully from the exercise of any profession or trade, in such a way that they are not capable of carrying out an activity with a minimum of professionalism, performance or effectiveness in the presentation of the work”, as they consider to be the case for the woman.