The judge gives permanent disability to a woman with fibromyalgia to whom the INSS denied it

Francisco José Fajardo Las Palmas de Gran Canaria

The Social 1 Court of Las Palmas de Gran Canaria has issued a sentence in which it grants the absolute inability to a nursing assistant suffered by serious fibromyalgia, chronic fatigue and depression.To this worker the National Social Security Institute (INSS) had denied any type of permanent disability in the first instance.There is the circumstance that, because of her ailments, the plaintiff in the last four years had remained longer than working and now, thanks to the judicial procedure carried by the Campmany lawyers, she was charging a 1 pension of 1.958 euros per month.

This procedure began when the plaintiff, nursing assistant, began to suffer severe problems that prevented her usual professional work.This woman had a 1 regulatory base.958 euros.

In 2020, the permanent disability file was processed in which a medical valuation report was issued on January 16 in which it was determined that the plaintiff suffered a fibromyalgia picture, another pain depressive to pain and a chronic fatigue syndromeIn addition to organic and functional limitations related to a chronic osteoarticular process, axial and peripheral alge.

Following this diagnosis, and "analyzed the described sequelae and the tasks realizable by the holdNon -qualification of the worker »as" permanent incapacitated, for not presenting anatomical or functional reductions that decrease or cancel their work capacity ".

In this way, by resolution of the INSS dated January 23, 20 the application for permanent disability was denied, so they made a "prior claim that was dismissed," says the judicial ruling.

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Although the clinical picture determined that the plaintiff suffered a "reactive depressive state to pain, fibromyalgia and chronic fatigue syndrome without response to treatment", disability was not granted even taking into account that the nursing assistant was inTreatment by the Mental Health Unit since 2019.

For this reason, the employee initiated a procedure on March 1, 2021 legally assisted by the Campmany Lawyers Office in which he requested that the degree of absolute permanent disability be recognized or, in a subsidiary manner, the total.

"Desperateness"

The sentence issued by Judge Gemma López Fernández understands that it was proven that the plaintiff suffered above and that they produced "hopelessness, crying, anhedonia, apatoabulia, cognitive symptoms, hyporexia and insomnia".

In this way, the clinical manifestations of the worker's picture «lead to conclude that it lacks the aptitude and psychophysical capacity necessary for the development of any professional activity, being incompatible with the development of a productive activity with the regular, discipline, performance andProfessionality that all work by simple or exempt of complexity and light or sedentary that is required ».For this reason, he estimated the law.

The plaintiff will now charge an economic benefit consisting of a life pension equivalent to 100% of the regulatory base, in addition to the increases, revaluation that legally correspond, with effects since January 20, 2020.