A woman who worked as an administrative head and affected by breast, fibromyalgia and psychological disorders has managed to recognize the total permanent disability after the National Social Security Institute was denied. For the Superior Court of Justice of Asturias, the sequels were more than enough to grant the inability to its usual profession, so it will charge a life pension equivalent to 75% of its regulatory base, that is, 1,362.97 euros.
Everything begins when this woman begins to suffer from health problems. After attending medical services, they detected a ductal carcinoma in the right breast (breast cancer), forced a surgical intervention and subsequent radiotherapy sessions. Due to the treatment and the passage of time, in addition to the oncological sequelae, fibromyalgia, generalized anxiety, chronic insomnia and a psychological deterioration derived from persistent pain began to suffer.
You may be interested
They denie the permanent disability to an eleven seller with depressive disorders because their work can be “beneficial” at the mental level
The SEPE forces a woman to return 22,007.74 euros that charged an unemployment benefit to which she had no right to collect a permanent disability and justice confirms that she must pay 10,356.71 euros
For this reason, the worker had to start a medical leave and was like this almost two years until the maximum duration of temporary disability is exhausted. Upon exhausting, he requested the recognition of permanent disability, but the Social Security Inability Valuation Team (EVI) denied it.
In the resolution letter they explained that although he followed with a painting of pains, mobility problems and an important emotional deterioration, social security understood that “it can continue working”, despite the pains, the loss of mobility and the important emotional deterioration that it dragged. Given this refusal, the woman decided to go to court. Not being satisfied and after several dismissed claims, it decided to go to court.
Total permanent disability due to the consequences of cancer and fibromyalgia
Although in the first instance the Social Court number 4 of Gijón did not give the worker reason, after a appeal of supplication the Superior Court of Justice of Asturias, if he gave him the reason, although partially. That is, they recognized the total permanent disability.
In this instance the plaintiff insisted that her physical sequelae and, above all, the psychic prevented her from normally performing the functions of her administrative head profession. On the other hand, Social Security, on the other hand, maintained that the woman “can continue working” and that diagnosed pathologies “are not serious enough to be constitutive of permanent disability.”
Even so, the TSJ proved the woman granting the right to collect the total permanent inability, what is charged when you are over 55 years old and you do not have a job.
Impossibility of exercising your usual profession
In its resolution, the Court made it clear that “the psychic situation of the plaintiff, characterized by persistent anxiety, depression and insomnia, causes a true inability for the performance of the fundamental tasks of her usual profession of administrative head.”
Although the physical limitations (fibromyalgia, lymphedema and shoulder pain) were not enough to justify the benefit, the Chamber explained that “the verified psychological impairments prevent them from maintaining in optimal conditions the contact, attention and social relations required by their job.”
Therefore, the Superior Court of Justice of Asturias recognized the total permanent disability derived from common disease, with the right to receive a life pension of 75% of its regulatory base (1,817.30 euros per month) from the date of cessation at work.