In order to receive a pension for permanent disability, it is necessary for the National Social Security Institute to evaluate the worker’s medical record and limitations. This will be in charge of determining whether or not to grant this benefit and, if so, the degree of disqualification. A decision that is not always correct, determining the amount that the affected person will receive or forcing you to claim, in the worst case.
This was the case of Ramón, a guard who had been working for years in the health sector and whose intense work activity began to cause him serious pain. These started in the lower back, but, as time went by, they began to extend to the knees. And what at first was a discomfort that could be mitigated with medication, soon it began to condition him in his day.
When he sought a diagnosis, medical tests revealed that he suffered from lumbar disc disease, as well as several herniated discs and osteoarthritis in both knees. Pathologies that cause pain and stiffness and with which it was increasingly difficult for him to combine the great physical burden that his work entailed. So he decided request temporary incapacity to begin treatments and rehabilitation, which will improve their situation.
His lawyer appealed the INSS’s refusal
However, the possibility of improving was becoming further and further away and, seeing that he would not be able to carry out the tasks required of him for his job again without suffering pain, he decided to request total permanent disability. This degree is granted by the INSS to those workers who, due to illness or accident, are unable to carry out their usual work activity. but it allows them to dedicate themselves to another profession.
The surprise came when the INSS denied his request. But Ramón decided to appeal the decision with the help of a team of lawyers. Marina Alaminos, the lawyer in charge of representing you during this process, is specialized in cases of permanent disabilities and, as she assures, this type of denial is quite common on the part of the Social Security entity, although can always be claimed.
After two refusals, a judge granted total permanent disability
As he explained, when Ramón’s case came to his firm, he was clear about where he should focus it, “it was not enough to evaluate his diagnoses. They had to be compared with what a guard actually did every day.“. Well, during his work day, his client had to be in charge of moving the stretchers and wheelchairs in which the hospital patients were located, as well as assisting them during cleaning or preparing for the operating room.
All of these are tasks that require great physical strength and, above all, the absence of permanent pain. Therefore, Alaminos was clear: the INSS decision had to be appealed. A process in which they attached both their client’s medical reports and defended that, with his pathologies, he could not return to his job. Nevertheless, the entity’s response was again negative.
Given this decision, the team of lawyers decided to continue with the case and file a lawsuit before the Social Court, defending that, although Ramón could continue working, “that did not mean that he could continue being a guard,” explains the lawyer. This argument was accepted by the judge, who studied the capabilities and limitations that the man presented and decided to grant him total permanent disability for his profession.
You will receive a pension of 55% of the regulatory base
A ruling of great importance for Ramón’s work and economic life, since, as Alaminos explains, “he could receive his pension and, if his health allowed it, look for another activity compatible with his limitations in the future.” Thanks to this, his client achieved a pension of 55% of the regulatory base and the possibility of find a job that adapts to the symptoms of your pathologies.
For this reason, Marina Alaminos recalls that, although the first INSS ruling is negative, this does not mean that the worker loses the right to request disability again and appeal the decision up to three times. First before the Social Security, then before the Social Court and, finally, before the Supreme Court, when the team of lawyers deems it so.