The Superior Court of Justice of Aragon has ruled in favor of the National Social Security Institute (INSS) and has refused to grant the permanent disability pension in its absolute degree to a bricklayer with liver cirrhosis. He has done so by upholding his appeal against a court in Zaragoza that had granted it and had condemned Social Security to pay him a monthly pension for life equivalent to 100% of his regulatory base of 2,987.65 euros.
Initially, in July 2021, the INSS declared him to have absolute permanent disability due to “liver cirrhosis” with limitations that included “severe asthenia.” Subsequently, there were two grade reviews: in February 2022, when the situation was maintained, and in October 2023, where it was agreed to declare him the beneficiary of a total permanent disability, that is, only for his profession. The INSS alleged that the patient’s situation had improved and he was even on the waiting list for a kidney transplant.
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However, the man was not satisfied with this change, so he presented a claim that was rejected in February 2024. Once this avenue had been exhausted, he decided to complain to the Social Court, which upheld his claim and recognized him as a permanent absolute disability pension, condemning the INSS and the General Treasury of Social Security (TGSS) to pay him a lifetime and monthly pension equivalent to 100% of his regulatory base. 2,987.65 euros, with economic effects from November 1, 2023.
It was then the Social Security who was not satisfied with the sentence, therefore deciding to file an appeal before the Superior Court of Justice of Aragon.
The bricklayer’s clinical picture
As stated in ruling 1261/2025, the worker had a residual condition of dyslipidemia; Barrett’s esophagus; lumbar disc degenerative signs; osteoporosis with a history of multiple vertebral fractures; left knee meniscectomy; liver cirrhosis of alcohol origin with liver transplant and chronic nephrotoxicity under treatment; and sensory-motor polyneuropathy under study.
In 2023, after the intervention, the INSS detected an improvement that caused it to change the recognized degree of permanent disability, going from absolute to total.
The TSJ of Aragon agrees with Social Security
The Superior Court of Justice of Aragon ruled in favor of Social Security and upheld its appeal, declaring that the degree of permanent disability that corresponded to the bricklayer was total, and not absolute. This court noted that, as a result of the transplant, there was a notable improvement in the worker’s condition.
In this sense, they explained that although a “chronic kidney disease” and a “disability for significant moderate efforts” persisted (as stated in the INSS evaluation report itself), this represents a disability for jobs such as the one he performed as a bricklayer, but not for “those exempt from such physical efforts or that are mild.”
Thus, they recalled that absolute permanent disability requires complete disqualification for any profession or trade, while total disqualification only disqualifies for the usual profession. Taking into account this, they indicated that the residual capacity to perform light or sedentary work, which the worker does possess, implies that the appropriate degree of disability is total permanent disability. This ruling was not final and an appeal could be filed against it for the unification of doctrine before the Supreme Court.