The National Social Security Institute is in charge of accepting or denying disability requests, as well as establishing their degree, which will determine the amount of the pension received. However, in some cases his verdict does not adjust to the reality of the workerand that is when you need to challenge the decision or even take it to court.
This was the case of Agustín, a bus driver with years of experience, but whose mental health worsened over time. Although at first he tried to continue with his routine, a depression began to gain ground until had to request medical leave due to temporary disability.
As the disease progressed, the worker began receiving psychiatric treatment, even being admitted on different occasions, without improving. After a long medical leave, The INSS decided to grant him total permanent disabilitywith which he was entitled to a pension of 55% of the regulatory base.
His lawyer requested absolute permanent disability
A resolution that did not end up convincing him, since this type of disability is granted when the applicant’s illness disables him from carrying out the fundamental functions of his job, in this case, as a bus driver. However, allowed him to dedicate himself to another professionsomething that his lawyer did not see as feasible.
According to Marina Alaminos, a lawyer specialized in permanent disabilities, this resolution did not fit the reality of her client. “After so many treatments, admissions and months fighting his illness, It was obvious that he was unable to work.“he explains in a post on his Instagram account (@marinaalaminos).
It was for this reason that he decided to appeal the decision of the INSS and begin a process in which he requested absolute permanent disability for Agustín. According to his arguments, depression not only prevented him from driving, but also minimized his ability to concentrate. Besides, his hospital admissions and need for treatment were constant.
Although the INSS rejected the claim, the lawyer decided not to give up and file a lawsuit before the Social Court, attaching all the medical reports and relevant data to demonstrate how depression directly affected her daily life and prevented him from carrying out any work activity normally.
The driver will receive a pension 100% of his regulatory base
In this second attempt, the judge agreed with the team of lawyers, granting absolute permanent disability to Agustín. A decision that not only accepted his disqualification from carrying out any profession or trade, but also increased the amount of his pension to 100% of his regulatory base.
“After fighting her illness for so long, she could finally stop worrying about how she was going to return to the job market. And focus on what was truly important: her recovery,” explains Marina Alaminos. Well, as the lawyer remembers, The INSS tends to deny most applications and, when it accepts them, this does not mean that the verdict adjusts to the reality of the workers.
For this reason, the lawyer emphasizes the importance of questioning the INSS decision, making it clear “that obtaining a permanent disability does not necessarily mean that they have recognized the degree that really corresponds to you.” And, if you do not agree, The worker may appeal the decision up to three times.. First before Social Security, then before the Social Court and, if necessary, before the Supreme Court.