Although the National Social Security Institute decides whether to grant permanent disability to applicants based on their medical reports and the limitations they present for their current work activitythere are quite a few cases of applicants who have been denied despite presenting pathologies incompatible with their job.
This was the case of Nuria, an administrator with years of experience in which the long hours she spent in front of a computer typing began to take their toll on her. What started as a slight tingling while typing emails or moving the mouse ended up becoming intense pain that prevented him from carrying out his work normally.
Because of this, he decided to go to the doctor, where he received the diagnosis. He suffered from bilateral carpal tunnel syndrome and rhizarthrosis in both hands. Although he was prescribed medication to alleviate his symptoms, the numbness in his arms and the pain became increasingly intense, and his hands even failed on several occasions. Hence ended up requesting medical leave.
He denied it because he considered it a job without physical demands.
During his temporary disability he received treatments and went to specialized doctors, with the aim of reducing his symptoms and being able to return to work normally. However, time passed and he continued to have the same limitations, so he decided to request total permanent disability from the INSS. A degree that would disqualify her from working as an administrator and would grant him a pension of 55% of the regulatory base.
This type of disability is granted when the worker has limitations that prevent him from carrying out his work activity, but he could dedicate himself to another job when it is not detrimental to his state of health. Despite this, the Social Security entity decided that, since it was a job without physical demands, the disability did not apply.
The INSS estimated that he had the capacity to continue with his profession
According to Marina Alaminos, a lawyer specializing in disabilities and a member of the team of lawyers who defended Nuria’s case, the INSS considered that “she retained sufficient capacity to continue with her profession,” since it was an office job. However, they did not take into account that, with their pathologies, Returning to his job was quite complex for him..
In her day as an administrator, Nuria spent long hours writing emails, handling documentation and consulting with the computer. All of them tasks for which he needed his arms and hands, in which he suffered from pain and numbness. Therefore, he decided go to a lawyer to help her appeal this decision.
His limitations were incompatible with his employment
First, they decided to complain to the INSS with medical reports detailing the symptoms of her pathologies and how these limited her in carrying out her work activity. According to Alaminos, they had to “analyze what he was really doing with his hands throughout the day.” Despite this, the entity again denied his request, so His team of lawyers decided to sue before the Social Court.
During the defense, they explained that “typing punctually is not the same as doing it for hours. That being able to pick up an object does not mean being able to manipulate documentation continuously,” Marina Alaminos explained on her Instagram profile. And they assured, based on medical reports, that the symptoms caused limitations incompatible with his work as administrative.
The judge handed down the sentence and granted Nuria total permanent incapacity for employment as administrative and a pension of 55% of the regulatory base. A decision that allowed him to focus on his treatment and look for a job that suited his situation. For this reason, the lawyer recalls the importance of knowing the process to complain about INSS decisions, being able to do so within a maximum period of 30 days and, if they deny it again, file a claim before the Social Court and the Supreme Court.