The Superior Court of Justice of Asturias has forced the National Social Security Institute (INSS) to recognize the absolute permanent disability to a gas station affected by chronic paranoid schizophrenia and harmful consumption of cannabis and alcohol. Although social security denied it, the court considers that it was entitled, since the ailments that prevent it from developing any type of profession with a minimum of efficiency, so it will charge a life pension of 100% of its regulatory base, set at 904.74 euros per month.
It all begins when this worker, who exercised as a gasoline vending, requests permanent inability to social security after being of medical leave since October 16, 2023 by a common disease derived from a severe psychiatric disorder, specifically a chronic paranoid schizophrenia, aggravated by the harmful consumption of alcohol and drugs (cannabis, ecstasy and acids), as well as for a long lumbalgia evolution.
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After being evaluated by the Disability Assessment Team (EVI) of the Provincial Directorate of the National Social Security Institute (INSS), this proceeded to denied it on December 21 of that same year. Not being satisfied with that decision, the affected filed a previous claim, which was also dismissed by the entity on May 22, 2024.
Due to this situation, the worker decided to go to the courts and in the first instance, the Social Court No. 2 of Gijón proved him right when considering that his clinical picture prevented him from developing any type of profession, declaring his absolute permanent disability. The Social Security, not compliant, presented an appeal for supplication before the Superior Court of Justice of Asturias, which also proved the worker.
His addiction problems prevented him from developing any work activity
The social security appeal before the TSJ denounced an “improper application” of article 194 of the General Social Security Law, claiming that the demanding psychiatric ailment was prior to its discharge in social security and that its table was not final, since it was still in medical treatment. He also explained that the limitations derived from his mental illness and his physical ailment (a chronic low back pain) were not serious enough to prevent him from working, and that he could even resume his usual use as Gasolinero.
Despite this, the court did not share this assessment, since the Chamber recalled that the appeal is limited to reviewing the correct application of the law. From the proven facts, he found that the worker presents a chronic paranoid schizophrenia, with delusional interpretations, social isolation, loss of interest, slowness of thought and vulnerability to situations of work stress, in addition to harmful consumption of cannabis, alcohol and other substances. These circumstances, together with their persistent lumbalgia, generate a “limiting” clinical picture that prevents it from performing any professional task with the minimum levels of efficiency, safety and performance enforceable in the labor market.
Absolute permanent disability for any type of work
In this sentence, the key according to the magistrates resides that the worker’s ailments set prevented him not only by his work but any type of work activity, which fits what article 194 of the General Law of Social Security says (which can be consulted in this BOE). The TSJ explains that the assessment must focus on real functional limitations and not on the mere medical diagnosis.
In this case, the worker cannot maintain a stable productive activity or respond to the demands of a professional occupation due to his mental illness and addiction history.
Therefore, the Chamber dismisses the social security resource and confirms the right of the worker to receive a life pension of 100% of its regulatory base, set at 904.74 euros per month, derived from common disease. Now, the ruling leaves open the possibility of aggravation or improvement review, in accordance with article 200 of the same law.