The Superior Court of Justice of Madrid has given the reason to Social Security and has refused to grant the permanent disability pension To an eleven coupon seller, considering that their injuries do not decrease their work capacity and their work can be “beneficial” at the mental level, among other reasons.
It was in October 2022 when the National Social Security Institute (INSS) denied the permanent disability because their injuries did not reach sufficient degree and because it was not registered or situation assimilated to the registration in Social Security. That same month, the disabilities assessment team (EVI) had resolved that the saleswoman suffered a “distinguishing disorder impressing dysfunctional features of Cluster B personality.”
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Another medical report, of work disability evaluation, established the same diagnosis and pointed out “ongoing therapeutic possibilities to assess as evolved.” In addition, the employee, as stated in Judgment 6882/2025, had recognized a situation of Degree I dependency by the Community of Madrid, since June 27, 2018.
It was also found that he had suffered periods of temporary leave due to “persistent mood disorders.” Due to them, the woman claimed that she could not execute the fundamental tasks of her usual profession, for presenting an “obvious functional deterioration” that is concretized in a “cognitive alteration, in the depressive symptomatology and in the polypharmacy that must be ingested.”
The worker claims to collect permanent disability
As the INSS denied the pension, the Once saleswoman decided to go to justice, requesting to be a beneficiary of an absolute permanent disability or, subsidiarily, of a total permanent disability for her usual profession. However, Social Court number 2 of Madrid dismissed its claim, giving the reason to social security.
The woman, not satisfied, decided to try again and present an appeal for supplication before the Superior Court of Justice of Madrid.
Madrid’s TSJ rejects permanent disability
The Superior Court of Justice of Madrid again gave the reason to INSS, dismissing the appeal presented by the woman. The Social Chamber explained that although its situation “is not healthy”, it also does not consider that a generalized feeling of sadness, apathy and lack of interest is incompatible with a job for others “with the necessary performance and effectiveness required.”
Moreover, the court emphasized that it was not contraindicated to perform an activity of this nature (that of selling coupons) with its current state, adding that it could even be beneficial at the mental level. “
“In that same order of things, of the general context of the resolution of instance, especially of the aforementioned report and the tenth ordinal, we deduced that it had joined its usual activity. However, we do not appreciate a basic neurological problem, or if it exists it does not seem decisive to the current time,” the court concluded.