A woman gets the widow's pension despite the fact that her husband was left over and did not quote the minimum to social security

A woman gets the widow’s pension despite the fact that her husband was left over and did not quote the minimum to social security

The Superior Court of Justice of Murcia has proved the right and recognized the right to perceive the widow’s pension to a woman whose husband died while he was in a situation of voluntary leavea few days before its expected return to work. Therefore, he revokes the decision of the Social Court number 1 of Murcia, which had dismissed his law assimilated to discharge at the time of his death and did not prove the minimum of quotes.

The case begins when on March 4, 2020, with the death, at which time he was voluntary leave of his work, but with the forecast that he was going to rejoin days later to his death. After death, the woman He asked Social Security to recognize the widow’s pension, being denied.

The reason was, that the deceased was not in a high situation or in a situation assimilated to the discharge at the time of his death. In addition, not being in any of these situations of high or high assimilated, Social Security demanded to have quoted 5,450 days, but only 4,906 days had accredited Computable (4,317 days quoted plus 589 days for extra payments). This was key so much so that they will be denied and for later the court to grant it.

The disagreement of this widow led her to first submit an administrative claim to Social Security, which was denied, so she had to put a lawsuit before the Social Court number 1 of Murcia.

Excess does not lead to the withdrawal of the labor market

In the first instance before the Social Court number 1 of Murcia, the widow claimed that her husband had not abandoned the labor market, but was in a temporary leave and had her reinstatement, that is, that there was no abandonment. Despite this, the court dismissed his lawsuit, thus giving the reason to social security and denying his right to widow’s pension.

After the dismissal, the widow filed an appeal for supplication before the Superior Court of Justice of Murcia (TSJ). In this view, the widow asked that her husband’s employment situation be collected, claiming that her leaves had to be qualified as a voluntary-fork with reservation of the job. This would mean that its reinstatement would be guaranteed and, therefore, which was still linked to the labor market. He also requested that his registration be taken into account as a employment applicant with the objective that the court saw that he had not abandoned his work activity. In spite of this, the TSJ rejected both arguments, since the documentation proved that the leave was voluntary and without reservation of the job and that the last registration as a job seeker had no effect on the resolution of the case.

The following reason and which was Key to grant the widowhood pension And that we have detailed previously was the high -assimilated situation. In this sense, the court applied the doctrine known as “flexible” established by the Supreme Court. This says that, if there are indications that the deceased intended to return to the labor market, a less restrictive interpretation must be applied. Thus, the court took into account that the deceased was only eight days after rejoining his work, which led to the conclusion that he could not be considered completely unlinked to the social security system and from there, that he could not Ask for 5,450 days of contribution.

For all the above, the TSJ of Murcia decided to revoke the first sentence and recognize the right to this woman to perceive the widow’s pension, whose regulatory base was fixed on the 1.006.76 euros. In addition, she condemned Social Security to pay the benefit with retroactive effects since March 4, 2020, date of her husband’s death.