The Superior Court of Justice of Aragon (TSJ) has confirmed the decision of the National Social Security Institute (INSS) that has denied the permanent disability pension to a 49-year-old administrative worker affected by Ménière’s syndrome and chronic migraines. Sentence 678/2025 considers that the limitations suffered by this woman do not prevent her from carrying out her work at the City Council since “they are not sufficient.”
The worker had been a municipal employee since 2006 and requested that she be recognized as a absolute permanent disability or in a subsidiary, total way, for their profession. He reported vertiginous seizures, moderate-severe hearing loss, and migraines refractory to treatment. But the magistrates considered that the medical reports did not prove a condition that “nullifies or seriously reduces” his work capacity.
As noted in the legal text, the experts were able to verify that in recent months, vertigo attacks had decreased and that migraines, although they were still frequent, could be controlled with medication. It was also taken into account that the hearing loss affected the right ear and that the functional impact that using a hearing aid would have had not been tested.
Social Security had denied permanent disability based on the EVI report
In the resolution, the Superior Court of Justice rejected the worker’s argument about a lack of motivation in the administrative resolution. The Chamber recalled that the denial of permanent disability by the INSS was due to the conclusions presented in the report of the Disability Assessment Team (EVI) and that although the motivation was “brief” it contained the “essential reason for the decision” and complied with the legal requirements of article 35 of Law 39/2015 of the PAC (Common Administrative Procedure).
The magistrates have stressed that absolute permanent disability “completely disqualifies you from any profession or trade” and total disability prevents you from carrying out the fundamental tasks of your usual profession, although it would allow you to dedicate yourself to a different one.
In this case, the worker can continue carrying out “light and sedentary” jobs such as administrative work, without this being affected.
Therefore, the ruling ratifies the denial of any disability, concluding that the worker retains full capacity to perform her administrative profession despite her ailments.