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Social Security grants permanent total disability


Permanent total disability must be granted by Social Security to a worker who is depressed and whose condition worsened with a stroke. This is reflected in a ruling by the Supreme Court of Justice of Cantabria (TSJC) condemning the National Institute of Social Security (INSS).

Specifically, the said provision is included in Resolution 116/2023 of February 27. Act as plaintiff Head of Department from Carrefour and experienced distress, irritability, low morale, nervousness or muscle tension, among other symptoms.

Said employee was diagnosed with chronic adjustment disorder with mixed anxiety and depressed mood with Type C personality traits, a condition treated between 2007 and 2014 for reactive anxiety. for overworkIt is, as the magistrate reveals. In addition, a left prefrontal ischemic stroke with an embolic profile is added to this medical picture.

The plaintiff asserts that the outcome of this situation has various consequences. from the beginning I asked for the moment of handicap Because he understood that he could not carry out his usual tasks, which consisted, for example, of coordinating carriers, delivery and document management. However, the evaluation team in Cantabria appreciated it It didn’t fit In front of the INSS Provincial Directorate to receive a complete disability.

It builds on previous judgments establishing that this score is not identical to “not displaying psychotic episodes or persistent self-reflection, or association with a dangerous personality or other somatic disturbance,” nor Current job cuts It would hinder their ability to work. This decision has been accepted and approved by the INSS.

The aggrieved party filed a new appeal.

The aggrieved person lodged an appeal with the Social Court No. 3 of Santander, which agreed with him and Urge Social Security to grant the injured person full disability. Not satisfied with the decision, in this case it was the INSS and TGSS who appealed.

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Now, the High Court of Justice of Cantabria rejects this appeal by Social Security and grants the worker a full, permanent disability resulting from a common illness. The judge points out that what must be analyzed in this case «It is the occurrence of group lesions which constitute the remaining cadre in the development of the specific activity carried out.” He also indicates that this cadre currently “does not maintain the necessary functional capacity.”

The amount you must receive for full disability

The cassation appeal to the Supreme Court is appropriate for this provision which gives reason to the worker. Regarding the amount you have to receive for temporary disability, you will be a beneficiary of a Saving 55% of the regulatory base of €2,656.8114 times a year and the effective date of the cessation of activity.

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