Permanent disability is the situation in which a person cannot work, whether in a regular profession or any other. Although this pension is granted for life, Social Security can review it and withdraw it, although if you are not satisfied you can claim it. In this sense, the Superior Court of Justice of Catalonia has ruled in favor of a worker whose permanent disability had been removed by Social Security despite continuing to have uncontrolled sleep apnea, along with the consumption of cannabis and cocaine, as well as an anxiety disorder. Therefore, you will receive a lifetime pension equivalent to 75% of a regulatory base of 2,593.99 euros per month.
As detailed in the sentence, Benigno was a bus driver and in 2019 he had been recognized with absolute permanent disability (which entitles him to 100% of the regulatory base) for having “major depressive disorder, disorder due to active consumption of alcohol, cannabis, cocaine and tobacco, with current functional limitation.” This gave him the right to collect a pension of 100% of a regulatory base of 2,593.99 euros.
You may be interested
A woman achieves a permanent disability pension of 1,213.59 euros for post-covid syndrome after Social Security denied it
Table with the increase in retirement, widowhood and permanent disability pensions based on the payroll for 2026: this is how it looks according to your salary
Although Social Security recognized it, years later, it requested a review of it, as established in article 200 of the General Law of Social Security. In that file, the Disability Assessment Team (EVI) said that the worker only had a “THC use disorder, generalized anxiety disorder, with no functional limitation currently,” so he could return to work without limitations and withdraw the disability pension.
Faced with this situation and Benigno seeing that Social Security had removed his permanent disability, he decided to go to court.
Right to permanent disability due to addiction and anxiety
Although the Social Court saw the performance of Social Security as good, the Superior Court of Justice of Catalonia changed its opinion and agreed with Benigno, although partially. The Court explained that the worker’s pathologies (all assessed together) made it impossible for him to continue driving, stating that there was an “obvious incompatibility between the activity of driver and the conclusions reached by the internal occupational medicine service” (second legal basis).
Literally, it states that “the injuries and sequelae as they occur in the affected subject must be appreciated together.” To agree with him, he relied on the jurisprudence of the Supreme Court (SSTS 06/15/1990; 01/18/1991; 01/29/1991). Furthermore, the TSJ explained that in incapacity it is necessary to see how all these “illnesses or pathologies” affect the worker in exercising his profession or any other work activity.
For this reason, the Superior Court of Justice corrected Social Security to grant this worker total permanent disability, that is, the degree below absolute. For this reason and since he is over 55 years old and does not have a job, he will receive the qualified total, which represents 75% of the regulatory base.