When workers cannot continue carrying out their work activity, whether due to illness or an accident, the National Social Security Institute is in charge of evaluating their case and granting them permanent disability. However, it is quite common for applicants to receive a negative response, denying them the opportunity to receive a pension, or, after granting one, decide to withdraw it without apparent explanation.
This was the case of Gabriel, a police officer with several years of experience in which he had to experience high-tension situations. The complex interventions and the danger they posed to his physical integrity began to cause a great mental burden. First, he started having trouble sleeping and anxiety attacks. Until, after a particularly complex operation, had to apply for temporary disability.
The constant exposure to high-stress and dangerous situations caused post-traumatic stress disorder and severe depression in him, as doctors diagnosed him. A situation that prevented him from returning to his job and for which he decided to apply to the INSS total permanent disability. The entity accepted his case and granted him a pension of 55% of the regulatory base.
The INSS withdrew his disability pension
This degree of disability is granted when the worker has limitations that disable him from carrying out his usual work activity, but They do not prevent you from dedicating yourself to another profession. Thanks to which, Gabriel was able to focus on his recovery and treatment, with the possibility of resuming his professional career, this time in another job that would not generate so much anxiety.
The surprise came in the INSS review, a mere procedure in which the entity had to assess the state of health of Gabriel, who continued in therapy due to his complex psychological situation. Despite this, Social Security decided to withdraw his disability and pensionconsidering that there was an improvement in his illness and that it no longer represented a limitation to his work activity.
As Marina Alaminos, a lawyer specializing in disabilities and member of the law firm that was in charge of defending Gabriel’s case, explains, “the recognition of a disability does not necessarily mean that it will remain forever.” This is because, if the worker’s condition has improved or worsened, your degree of disqualification can be reevaluated or even withdrawn.
His team of lawyers decided to appeal the decision
However, the mere thought of returning to his job increased Gabriel’s anxiety levels. Therefore, he decided to seek specialized help. Alaminos, the lawyer in charge of representing him, assured that when she reviewed his case and “his entire medical evolution, it was clear to me: that disability had to be recovered“. And they decided to appeal the decision.
The team of lawyers compiled medical reports detailing their client’s psychological situation and submitted a claim to the INSS explaining that their client could not return to his job without this having negative effects on his recovery. Despite this, The entity decided to deny the request.
A judge decided to return his pension and degree of disability
Given this refusal, they decided to take the case before the Social Court, explaining to the judge that the post-traumatic stress and depression that Gabriel suffered “were totally incompatible with the responsibilities of a police officer“said Alaminos. In addition, they described that such illnesses were caused by the tension and danger he experienced during his career as an agent.
The judge handed down the sentence and granted the return of the degree of total permanent disability and its corresponding pension to the worker. A decision that allowed him to focus again on his recovery and, when he saw fit, return to the labor market, this time in a job that would not harm his state of health.
According to Marina Alaminos, this type of case is quite common in her law firm. However, it is important to remember that, even if the INSS denies a disability application, This decision can be appealed up to three times..
The first solution will be to file a claim within a maximum period of 30 days from the decision. If this is rejected, a claim can be filed before the Social Court and, If this is also denied, before the Supreme Court.