A man has managed to retire in advance at age 57 with a pension of 1,695.95 euros per month, despite the fact that the Social Security was initially denied, as stated in the judgment of the Superior Court of Justice of Catalonia. The National Social Security Institute denied the pension when considering that it did not fulfill the minimum age required, but the ruling explains that, as it is a congenital disability, he had the right to apply the reduction in his entire working life, so he did have the right to early retirement.
According to the sentence, this worker was over 35 years old to social security in which since his childhood he had always been affected by deep congenital hearing loss and an expressive deficiency. In this sense, the worker had a recognized degree of disability of 33% in 1986, subsequently elevated to 38% in 1999, until reaching 65% in 2015, a percentage that was set with retroactive effects since November 2014.
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Thus, at 57 and due to its disability, he decided to request the early retirement pension for social security disability, understanding that he met all the requirements, but this was denied, for not complying with the minimum age required. Social Security explained in its resolution letter that 65% disability had been recognized in 2015, so it did not comply with the minimum quotes required, since according to Royal Decree 1539/2003, it is necessary that the degree of disability remains accredited during the years of work whose bonus is intended to be applied, and in its case only periods could be computed subsequently to said date.
Despite the claims filed in which he claimed that his disability was of birth and should be recognized as such, Social Security dismissed them refraining from what the law says. For this reason, this worker decided to go to court.
Right to early retirement
The Social Court number 11 of Barcelona proved the worker, recognizing his right to early retirement and to collect a life pension of 1,695.95 euros, 98.67% of his regulatory base. Social Security, as it was not satisfied, decided to present an appeal for supplication before the Superior Court of Justice of Catalonia, which after reviewing it again gave the reason to the worker and corrected the decision of the INSS.
In this Chamber, the plaintiff claimed that his disability was congenital and that he had always been affected by the same ailments, while Social Security defended that the age reduction should only be applied since 65% disability was officially recognized, without retroactive effects.
The TSJ explained that the pathologies were of congenital origin and, therefore, all the contribution periods from the first disability recognitions should be computed. Both courts agreed that the bonus could not be limited only to the last date of administrative review, since the worker had always suffered the same disease and that circumstance was sufficient to apply the reduction of retirement age to his entire working life. For this reason, you can retire with a pension of 1,695.95 euros per month.
What does the law on anticipated disability of 65% say
Social Security explains on its own website that workers with a disability equal to or greater than 65% can retire before the ordinary age thanks to the application of reducing coefficients. Specifically, Royal Decree 1539/2003 sets that, when this degree of disability is accredited, a coefficient of 0.25 is applied, and of 0.50 if there is also a need for help from another person for the essential acts of life.
These coefficients reduce retirement age in proportion to time effectively worked with recognized disability, although in no case can it be accessed before 52 years. In addition, the time that is reduced from age is computed as quoted, which allows to reach a higher percentage of the pension and reduce coefficients are not applied, something that does the voluntary and involuntary modalities. Finally, it should not be confused with the early retirement for disability equal to or greater than 45%, since it is regulated under another regulation, which is Royal Decree 370/2023.