The Supreme Court has given the unified principle and established that permanent disability can be recognized for those who have retired early due to disability. As it concludes, if this is not allowed, there will be a “paradox” in which an “affirmative action measure” becomes a “negative discrimination”.
Until now, the Social Chamber held that benefits from early retirement status were granted by allowing access to permanent disability, a kind of «double positive discrimination, Now, however, he concludes that it is not a question of a superposition of positive measures, “but of different phases and value planes.”
The magistrates have analyzed the case of A. Vendors of the National Organization of the Spanish Blind (ONCE) who worked between 1998 and 2015 and received early retirement pension due to disability.
The individual has registered with the National Institute of Social Security (INSS) for a request for permanent disability. It was denied on the grounds that the injuries suffered by the applicant, as well as impairment of his ability to work, were prior to his affiliation with Social Security and the commencement of his work.
The question that was put before the Supreme Court in this case was whether permanent disability could be recognized for a person who had agreed to the condition of early retirement on account of disability, given the condition that he would not be able to retire till the age of had not arrived. 65.
National Social Security Institute’s appeal dismissed
In an April 27 decision, to which Europa Press had access, the court agreed with the former ONCE activist and dismissed the appeals filed against the decision by the National Institute of Social Security and the General Treasury of the Social Security. Superior Court of Justice of La Rioja.
Magistrates have analyzed this resolution of the region’s court and one of the country’s high courts, which reached “contradictory results”. Thus, it has a unifying principle.
The Supreme “maintained a consistent principle, based on which it held that permanent disability could not be reached from the state of early retirement granted on the basis of an application of reducing the coefficient attributable to disability.”
Now, the Chamber has recognized that the legislator has “established a requirement no more than a certain age to use the benefits of”. permanent disabilityso that it does not preclude access from early retirement status, nor does it differentiate between reasons or assumptions for such retirement to reach permanent disability.
Supreme concludes that a person with premature retirement can be recognized for permanent disability