The Superior Court of Justice of the Valencian Community has ruled in favor of a 39-year-old worker with brain damage who the National Social Security Institute (INSS) tried to reduce in degree the severe disability pension that he already enjoyed and leave him with absolute permanent disability. The court considers that, although the affected person could carry out some activities, this was not enough to remove the highest degree of disability, since he continued to need continuous supervision from his parents for basic things in his daily life.
According to the ruling of February 25, 2026 (consultable at this link from the Judiciary), the affected person, who was a construction electrician, had been declared severely disabled in May 2021 after suffering a head injury with post-traumatic dementia. At that time, the Disability Assessment Team (EVI) indicated that he had a “severe global disability with the need for third-party help for basic activities of daily living.” For this reason, he was awarded a pension of 100% of his regulatory base, of 830 euros per month, along with a major disability supplement of 755.82 euros per month.
He claims 12,185.24 euros in arrears of 20% of his permanent disability pension, Social Security only pays him three months and the court denies it for requesting it late
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It all started when, in April 2023, the INSS Provincial Directorate in Valencia officially initiated a grade review file. After this review, Social Security determined that the worker had improved and no longer needed help from another person for basic activities of daily living. For this reason, in May 2023 it issued a resolution reducing his disability to absolute permanent disability, which meant maintaining the 100% pension, but losing the major disability supplement.
The worker filed a previous administrative claim, but it was rejected. Social Security understood that his injuries “had already been duly assessed” and that it was not appropriate to maintain the previous grade. So he went to court, where the Social Court number 14 of Valencia agreed with him and declared that he was still severely disabled, with economic effects from June 1, 2023.
The INSS claimed that he could walk and use social networks
Social Security appealed to the TSJ of the Valencian Community, arguing that the worker had experienced sufficient improvement after two years of rehabilitation. To do this, it was based on the medical review report from May 2023, which stated that the affected person could do some daily activities.
The sentence literally reproduces that the worker “gets up early, rides a stationary bike, goes for a walk. He goes out to lunch with friends (according to his mother, very sporadically). In the afternoons he stays at home. He uses social networks (although now his mother has taken away his cell phone).” It also added that he had “good appearance, normal interview, adequate eye contact, cooperative” and that a mild-moderate cognitive deficit was observed.
However, the court understands that these data could not be analyzed in isolation. The same file stated that post-traumatic dementia persisted, that the worker required continuous supervision by his parents and that he suffered from epilepsy. Furthermore, a subsequent report from 2024 reflected that he came accompanied by his parents and that, according to his mother, “he is getting worse,” that they had to constantly watch over him because he could get lost if he went out into the street, he would get angry if his requests were not met immediately, and he could leak urine if he did not go to the bathroom as soon as he felt like it.
It was also recorded that a court in Alzira had declared him totally and absolutely incapable of governing himself and managing his assets, restoring parental authority in favor of his parents. Added to this was that the Generalitat Valenciana had recognized him as a grade 2 dependency and a financial benefit for care in the family environment.
The TSJ maintains the great disability
The TSJ recalls that severe disability is recognized when a working person, due to anatomical or functional losses, needs the assistance of another person for the most essential acts of life, such as dressing, moving, eating or similar acts. However, this does not require that the affected person be incapable of doing absolutely everything themselves, but rather that they need help or relevant supervision for essential acts.
In this case, the Court explains that, “although the plaintiff has experienced a certain improvement, it is insufficient to review the degree that he had recognized.” And he adds that he continued to need “the same continuous supervision from his parents to carry out essential acts for his life, such as taking medication, personal hygiene and even going outside due to the risk of getting lost.”
One of the most relevant points is that the medical review report itself included the expression “same degree” as a clinical-labor evaluation, despite the fact that Social Security later attempted to reduce the disability. For the court, a real and sufficient improvement had not been proven to justify withdrawing the major disability supplement.
For all these reasons, the TSJ dismisses the Social Security appeal and confirms the ruling of the Social Court number 14 of Valencia. The worker maintains severe disability, with a regulatory base of 830.02 euros per month and a supplement of 755.82 euros per month. The ruling does not impose costs and there was an appeal against it for the unification of doctrine before the Supreme Court.