The Superior Court of Justice of Cantabria (Spain) refuted the Social Security decision and confirmed the right of a worker to receive the absolute permanent disability pension, understanding that the physical and mental limitations associated with the use of a urostomy bag, and the need for hygiene and maintenance conditions, make the performance of any work activity under a normal regime, with fixed hours and predetermined income, incompatible.
The case, reported by the Spanish portal Noticias Trabajo, and decided in Sentence No. 571/2025 of the Superior Court of Justice of Cantabria (July 30, 2025), involves a woman whose usual profession was that of a floor cleaner. After bladder cancer, with treatments and surgery (including cystectomy), he required a urostomy and a collection bag, with relevant effects on his daily life.
Initially, the Spanish National Social Security Institute (INSS) recognized total permanent incapacity for the usual profession, but refused the absolute degree. The worker appealed to the courts and the Juzgado de lo Social no. 3 de Santander ruled in favor, a decision that would now be confirmed on appeal.
What was in dispute and what the court decided
In the appeal, the INSS argued that the urine losses would be “occasional”, maintaining that there was a situation of normality sufficient to rule out absolute incapacity.
The Superior Court of Justice of Cantabria did not follow this reading. He considered that the requirement for permanent care, monitoring of leaks, trips to the toilet for emptying and the need for a hygienic space for changing and maintaining the bag interferes with the regularity, dignity and performance required in work dependent on schedules and goals, even in light or sedentary tasks.
In practice, the decision fully confirmed the previous sentence and maintained the recognition of absolute permanent incapacity.
How much you will receive: 100% of the regulatory base
With the absolute degree, the pension is calculated at 100% of the regulatory base, in accordance with the general Spanish Social Security regime for absolute permanent disability.
In the specific case, a regulatory base of 864.16 euros was established and the payment of a pension corresponding to 100% of that value, 14 times a year, with economic effects from January 12, 2024 and with the legally applicable revaluations.
Why a urostomy can weigh heavily on work assessment
A urostomy involves a collection bag and maintenance and hygiene routines that may be incompatible with certain professional contexts, especially when there is a risk of leaks, the need for emptying and material management in an appropriate environment.
The court also valued the psychological impact and unpredictability of performance, highlighting that the permanent need for attention and care interferes with the stability required in an employment relationship dependent on a third employer.
In its reasoning, and in accordance with , the ruling cites previous jurisprudence from several Spanish higher courts and also recalls a guideline already stated by the Cantabrian Superior Court of Justice itself: the “continuous maintenance” required by urostomy bags can interfere with the attention, care and performance typical of any profession.
What this decision means (and what it doesn’t mean)
This is a decision within Spain and the respective Social Security system. It does not change rules in Portugal or create automation for similar cases outside Spain.
Still, the case helps to understand how courts evaluate disability beyond the diagnosis: the focus is on the real compatibility of limitations with schedules, productivity requirements, hygiene conditions and stability of performance. Each situation always depends on clinical evidence and the applicable legal framework.
And in Portugal?
In Portugal, situations of permanent inability to work due to a non-occupational illness may give access to the disability pension, which can be relative or absolute. Decree-Law No. 187/2007 provides that disability can be relative or absolute and defines absolute disability as permanent and definitive incapacity for any and all professions or jobs, depending on certification by the disability verification system.
If the incapacity is linked to occupational risks, the framework is different: work accidents and occupational illnesses follow their own regime (Law no. 98/2009). In the case of an occupational disease, the procedural aspects of communication, certification and awarding of degrees are handled within the Department of Protection against Professional Risks of the Social Security Institute.
In addition to the pension, when there is dependence and need for help from third parties for basic acts of daily life, there may be room for additional support, such as the Dependency Supplement, provided for in Decree-Law No. 265/99
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