The Superior Court of Justice (TSJ) of Cantabria has recognized the right of an administrative to collect a permanent absolute disability pensionsince she was affected by a set of serious ailments including grade 3 fibromyalgia, post-covid syndrome, inappropriate sinus tachycardia and depressive anxiety disorder. In this way, the Justice revoked a previous ruling from the Social Court number 3 of Santander, which only granted him the total permanent disability.
The worker, born in 1979 and affiliated with the General Social Security Regime, was working as an administrative worker when, after several medical processes, the INSS (National Social Security Institute) denied her recognition of any type of disability as appears in ruling 706/2025. Then, the court recognized the degree of total permanent incapacity for him to practice his usual profession, with a pension of 55% of his regulatory base, of 1,213.59 euros.
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The National Institute of Social Security as well as the General Treasury of Social Security (TGSS) justified the initial refusal based on the supposed non-existence of injuries that would significantly reduce their work capacity.
“The Provincial Directorate of the INSS of Cantabria agreed not to classify the plaintiff as permanently disabled for not presenting anatomical or functional reductions that reduce or nullify her work capacity.”
In this way, according to the administration, the pathologies did not reach the level necessary to cause permanent disability, since no functional impairment was observed.
The worker, who was not satisfied, through her lawyer, filed a lawsuit in which she requested the recognition of a permanent disability of an absolute degree, and when she was not satisfied, she appealed to the TSJ of Cantabria, which has already issued a ruling. Before them he alleged that, due to his condition, he could not do any work.
What the Santander Social Court said
In the first instance, the Social Court number 3 of Santander, by a ruling issued on March 20, 2025, partially upheld the claim presented by the worker.
It recognized the right to a total permanent disability due to a common illness, only for the administrative position, granting a pension of 55% of the regulatory base. It rejected the main request to declare absolute permanent disability, which motivated the appeal to the TSJ by the worker, as well as the challenge by the managing entities.
What the Superior Court of Justice of Cantabria resolved
The TSJ of Cantabria, in the aforementioned ruling, considered it proven that the worker’s state of health prevented her from carrying out any type of work activity, including simple and sedentary tasks, due to the chronic and disabling nature of her ailments.
The court has accepted not only the medical reports but also the expert report provided by the plaintiff where persistent and aggravating symptoms such as extreme fatigue, cognitive dysfunctions, generalized pain, insomnia, dyspnea and serious emotional disturbances were confirmed.
Furthermore, the clinical condition was worsening, with a physical and psychological impact and was expected to be chronic. In this way, the declaration of absolute permanent disability is justified in accordance with article 194.1.c) of the General Social Security Law.
The TSJ of Cantabria has upheld the worker’s appeal, rejecting that of the INSS and TGSS, recognizing the right to collect a pension of 100% of the regulatory base of 1,213.59 euros with effect from the cessation of work activity together with the corresponding updates and revaluations.