The Social Chamber of the Superior Court of Justice of Madrid fully upholds the appeal filed by the worker against the decision made by a Social Court of Madrid, declaring the condition of absolute permanent disability.
“In short, if the appellant is not in a position to make physical efforts of any intensity, nor to carry out joint movements in general, there is no doubt that she lacks sufficient residual physical capacity to carry out any profession or trade regularly, performance and efficiency required, so that the reason is estimated and, with it, the appeal must be indicated, (…)”.
The disability case raised
Our client was born in 1960, she is affiliated with the General Social Security Scheme and her usual profession is administrative chief.
The worker began the temporary disability procedure in January 2016. The Disability Assessment Team (EVI) proposed granting total permanent disability, ratified by administrative resolution of the National Social Security Institute (INSS) in September 2017.
Not being satisfied with the resolution of the INSS, a previous claim was filed with this body, without recording an express resolution of this entity.
The health status of the worker, endorsed by various medical institutions, can be summarized as:
Subacute, sensory-motor demyelinating polyneuropathy with associated axonal degeneration, predominantly motor in both MMII (lower limbs) and predominantly sensory in both MMSS (upper limbs), with signs of active reinnervation in the tibialis anterior muscle. He wanders outside on crutches.
Mixed adjustment disorder, being treated with psychotherapy
Intolerance to physical exercise, tiredness, difficulty concentrating, and feelings of hopelessness and incapacity.
In addition, by resolution of the Community of Madrid in April 2017, she recognized a degree of disability of 61%.
The Judgment of the Court
The appeal filed by the worker seeks to revoke the decision of the Social Court No. 31 of Madrid, which recognized the administrative resolution of the National Institute of Social Security that grants the condition of total permanent disability to exercise their profession. usual as administrative head, as recommended by the EVI.
In this sense, in the appeal, the worker requests that the medical reports that she has provided be added with regard to her state of health, a situation that this Court considers to be inconsistent with the law.
In turn, the worker requests that she be granted the condition of absolute permanent disability for all work activities. This Court understands that a person who suffers from a serious neurological disease that prevents them from making any effort, no matter how light or comfortable it may be, disables them to carry out any activity with the minimum professionalism and performance required.
For these reasons, the Labor Chamber of the Superior Court of Justice of Madrid upholds the appeal filed by our client, revoking the decision of Labor Court No. 31 of Madrid, and declaring the condition of absolute permanent disability for all work, and condemns the INSS to pay a lifetime monthly pension equivalent to 100% of its regulatory base, with the effective date established by this ruling, and with the right to the improvements and revaluations to which it is entitled.