The decision initially taken by Spanish Social Security seemed definitive: the worker, a blue-collar worker and undergoing cancer treatment, would not be entitled to permanent disability. The official explanation was short and direct, maintaining that the injuries “did not sufficiently reduce work capacity”. The story, however, did not end at this administrative phase.
Justice would end up contradicting the opinion of the Instituto Nacional de la Seguridad Social and recognizing women’s right to qualified permanent total disability, which guarantees them a lifetime pension equivalent to 75 percent of the regulatory base.
According to Noticias Trabajo, a Spanish website specializing in labor and legal matters, which detailed the case, the worker’s clinical situation was much more complex than the initial assessment reflected.
The publication explains that the woman was diagnosed with infiltrating ductal carcinoma of the right breast, having undergone surgery, radiotherapy and adjuvant hormone therapy. The treatments left significant consequences, with a direct and prolonged impact on their ability to work.
A long clinical course with progressive limitations
According to Noticias Trabajo, the worker became temporarily incapacitated on July 24, 2019, at which time the treatments were already causing her intense pain and significant joint limitations. Accumulated sequelae included severe neuropathic pain associated with surgery and radiotherapy, fibromyalgia, migraines and lumbar disc disease that aggravated functional limitation.
An oncological report cited by the publication described a restriction of shoulder mobility so severe that it prevented “joint mobilization for routine daily activity”.
Despite the clinical evidence, the INSS considered that the injuries “did not reach the necessary degree” to justify permanent disability. The woman appealed administratively, but the case was again rejected. It was only when he took the case to court that the scenario began to change.
Court dismantles administrative decision and recognizes total incapacity
The Juzgado de lo Social no. 1 of Palencia ruled in favor of the worker. The Superior Court of Justice of Castile and León would fully confirm this decision, rejecting Social Security’s arguments and highlighting the highly disabling nature of the disease.
According to the court, cited by Noticias Trabajo, cancer “is a disease that, except in primary and slightly advanced stages, is highly invalidating not only due to the physical sequelae, but also due to the treatments and associated psychological suffering”.
The ruling also highlighted that the assessment of oncological cure requires a prolonged period without recurrence, which the Chamber itself has set at five years. In this specific case, the last radiotherapy session was in December 2019, so, according to the same source, this deadline was far from being met.
What does qualified permanent total disability mean?
The court recognized qualified permanent total disability, which awards a pension of 75 percent of the regulatory base. This is a regime designed for situations in which the worker is unable to carry out their usual profession, maintaining only residual capacity for other functions, but facing age limitations, physical demands or difficulties in professional reintegration.
The court also states that this disability is reviewable if substantial clinical improvements occur. Therefore, following the so-called “five-year rule”, if this period passes without tumor recurrence, the disability may be reassessed for improvement, as provided for in article 200 of the Spanish General Social Security Law.
A case that highlights frequent divergences
The case, highlights the , clearly illustrates the difference between Social Security’s medical-administrative assessment and judicial analysis. This is not the first time that a Spanish court has recognized functional limitations that, in the INSS’ understanding, were not sufficient to justify permanent disability.
The decision ends up being a relief for the worker, who can now focus on clinical stabilization without the burden of returning to a job that is physically incompatible with her condition.
And in Portugal? How permanent disability works
In Portugal, permanent disability assessment processes also generate controversy, although they follow a different framework from the Spanish one. The decision is up to the Social Security disability verification services and the National Disability Table, which defines coefficients for oncological diseases, physical limitations and persistent sequelae.
In practice, the process requires medical examinations, expert assessments and, in more complex cases, additional opinions. When the request is refused, the worker can appeal administratively or go to court, where the analysis is usually more in-depth.
In recent years, several court decisions have been reported that contradict Social Security opinions, especially in situations where the functional impact of the disease is evident, but the initial assessment does not recognize sufficient disability.
The final result, as in the Spanish case, may involve recognition of total or absolute incapacity and access to the respective pensions, although the entire procedure is often time-consuming and demanding for patients.
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