A supermarket clerk of the El Corte Inglés shopping center has managed to get the Superior Court of Justice of Murcia to recognize his right to receive a pension for total permanent disability, after the National Social Security Institute (INSS) initially denied it. For the court, the pathologies suffered by this worker were incompatible with her usual profession as a salesperson, which is why she is entitled to a lifetime pension equivalent to 55% of the regulatory base.
As explained by the sentence to which he has had access NewsWorkit all begins in 2020, when this supermarket clerk in the El Corte Inglés shopping center in Murcia begins to suffer from various health problems that prevented her from carrying out her usual profession as a clerk. For this reason, in May 2022, I requested Social Security to recognize the degree of permanent disability, which is denied.
Apparently after a review by the Disability Assessment Team (EVI), they determined that his injuries included obsessive-compulsive disorder, trigeminal neuralgia, cervicobrachialgia, subclinical hypothyroidism and multinodular goiter, did not represent a sufficiently severe decrease in their work capacity to justify the recognition of any degree of permanent disability.
Despite this, the worker continued to face serious limitations in her daily work, since her profession as a sales assistant requires skills such as customer service, communication and organization, demands that are incompatible with her pathologies. For this reason and after submitting a claim that was dismissed, he decided to file a lawsuit before the Social Court in Cartagena to have his case reviewed and his right to total permanent disability recognized.
Psychiatric incapacity due to mental load to perform your job
He Social Court no. 2 from Cartagena After reviewing the case, he concluded that the pathologies he suffered from – including obsessive-compulsive disorder, trigeminal neuralgia and cervicobrachialgia – prevented him from carrying out the essential functions of his position. For this reason, it is recognized total permanent disability, granting him a lifetime pension of 55% of his regulatory base (which is, according to the sentence, 789.01 euros), in accordance with article 194.4 of the General Social Security Law (LGSS).
Social Security was not satisfied with this ruling, so it filed a petition before the Superior Court of Justice (TSJ) of Murcia. The TSJ of Murcia, after reviewing the case again and with the tests and medical reports, determined that the worker’s conditions not only persisted, but were incompatible with their usual profession.
In the ruling, the TSJ stressed that the job of a sales assistant requires specific skills such as customer service, organizational skills and fluid communication, which were unattainable for the worker given her functional and psychological limitations. Furthermore, it was taken into account that the pathologies had not shown improvement since the beginning of the process.
To reinforce this decision, the court considered the INSS Professional Assessment Guide, which specifies that The job of a sales assistant involves a mental load in terms of customer service and communication.areas in which the worker had clear limitations due to her clinical condition. The decision also took into account judicial precedents establishing that the evaluation of medical evidence must be carried out comprehensively and in accordance with the rules of sound criticismprioritizing those ailments that directly impact work capacity.
For this reason, the TSJ of Murcia granted the right to collect the total permanent disability pension for the usual profession, with a lifetime pension of 55% of the regulatory basewhich taking into account that its base was 789.01 euros, The pension you will receive will be 433.96 euros approximately. Despite its low amount, this degree of disability allows it to be made compatible with another job different from their usual profession and that is compatible with their limitations.