A woman has managed to retire at 58, charging a pension of 1,437.67 euros per month, after the Social Security denied the benefit for not recognizing him retroactively the degree of disability of 65%. In this way, the Superior Court of Justice of Madrid is right and establishes that the worker had the right to apply the reducing coefficients since 1985, which allows him to retire at that age and charging 100% of his regulatory base.
The worker, who suffers deafness since her childhood consequence of meningitis, had more than 37 years quoted to Social Security. Due to this, in 2022 he requested early retirement for social security disability, applying the 0.25 reducing coefficient provided for in Royal Decree 1539/2003, which allows you to reduce the age of access to the pension to those who prove a disability degree of 65% or higher. In spite of this, the Social Security denied it, explaining in the letter of resolution that “on the date of the causative event, 10/08/2021, it does not reach the retirement age, since you prove a bonus of 979 with a disability of 65% from September 28, 2007”.
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The reason for this denial was that, in the eyes of social security, the first years of contribution were under a degree of disability of 55% and then with the update of the scales in 2007 they uploaded it to 65%, then those first years of their working life did not count. The worker, not being satisfied, decided to go to court.
Application of reducing coefficients
The Social Court number 45 of Madrid confirmed that the worker did have the right to retire in advance with the application of the reducing coefficient of 0.25 since 1985. The magistrate explained that the change of 55% to 65% of disability was not due to a worsening of their health status, but to an administrative update of the scales, which made the benefit applicable.
Given this ruling, Social Security decided to resort to the Superior Court of Justice of Madrid, but that the worker also gave the reason again, explaining that “that scale is the one that it should have had from the initial recognition” and that, consequently, it could take advantage of the early retirement with 100% of the pension, so it will charge 1,437.67 euros per month in a total of fourteen payments.
Reduction of disability retirement age
The key in this sentence and for which he was granted anticipated retirement for disability is the woman not however his illness, but updated the scale, so he had the right to recognize such disability since his childhood and the application of the reducing coefficients.
On the other hand, we must take into account that early retirement with a degree of disability equal to or greater than 65%, it is not the same as those who suffer from a disability degree equal to or greater than 45%. The first is regulated under Royal Decree 1539/2003 (which can be consulted in this Official State Gazette) While the other is regulated in Royal Decree 370/2023 and to access it, it is necessary to have some of the diseases that are included in Annex I, as well as to make a minimum of 15 years quoted, of which, 5 must be with recognized disease and disability.