The First Social Court of Madrid recognized the maximum degree of disability, that is, severe disability, awarding a worker a monthly pension of more than 3,800 euros for the consequences of covid-19.
In February 2022, the Social Security Bureau paid him a pension Absolute and permanent disability due to inability to perform any type of workAlthough he claimed he had a higher degree of disability, given that his limitations were more severe, Social Security denied the claim.
In the lawsuit, led by the company Campmany Abogados, the worker claims he suffered sequelae from COVID-19 that required him to be admitted to an intensive care unit and suffered multiple complications.
These consequences caused him The degree of disability is 71% and the dependency status is Level 2need help with eating, going to the toilet, personal hygiene, dressing, transferring, moving around the home and outside the house, etc.
Specifically, the main sequel is Generalized polyneuropathy – a neurological disease – caused loss of function in his arms and hands and, to a lesser extent, his legs, a forensic report confirmed and the court gave it objectivity “Maximum credibility”.
Therefore, he understands that he deserves a substantial disability, that is, the condition of a worker who is affected by a permanent disability and, due to anatomy or loss of function, You need the help of another person to perform the most basic acts of life.
Now the court has issued a ruling, obtained by the EFE, which resolves the claim by considering “based on extensive medical evidence and forensic reports”, “Absolute proof” is due to severe disability, as the high degree of disability is “undeniable”, as well as dependence on third parties for the most basic actions in daily life.
In this regard, he explained that the jurisprudence of the Supreme Court declares that “Every person who seeks permanent and inevitable satisfaction for biological survival must perform the fundamental acts of life, namely, every action necessary for the maintenance of dignity, hygiene and health. behavior”. Etiquette corresponding to human beings.”
The judge held that “severe disability benefits must go in some way to accurately compensate the worker’s wife for her enormous devotion to life” in helping him perform these tasks of daily living.
It therefore provided him with a monthly financial benefit of €1,381.64, plus an absolute disability benefit of €2,443.62, resulting in a monthly pension of €3,825, according to the ruling. The ruling is final as the INSS has not appealed, EFE reported.
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