A few days ago, the High Court of Justice of Castile and Leon has declared a new absolute disability due to post-COVID symptoms in Spain. Specifically, it is a 57-year-old patient, who after contracting COVID-19, suffers from “post-COVID chronic cephaluswith a blood pressure profile and daily frequency,” adding that these symptoms are resistant to any treatment.
He TSJ of Castile and Leon This confirms the decision of a social court in Burgos, which already declared the permanent total disability of the plaintiff. In addition, she urged the National Social Security Institute to pay her a pension of 100% of its regulatory base of 1,889.92 euros.
The WHO estimates that “between 15 and 20% of people who have suffered from Covid-19 may continue to experience symptoms” once the disease has been overcome, such as persistent fatigue or headaches. But what if these symptoms become incompatible with a normal life? We are talking about the absolute disability due to post-COVID symptoms!
Symptoms incompatible with your professional activity
One of the main reasons for granting the permanent total disability According to the Court, the patient’s condition is that “her work requires concentration, intellectual work and the use of data visualization screens”; that is, professional tasks that are incompatible with the symptoms caused by this disease.
“The presence of continuous and daily headaches It makes illusory an ordinary and habitual performance, with adequate performance and without extraordinary sacrifices, of any profession, which should be exercised in conditions of almost permanent discomfort and pain,” the resolution adds.
And this 57-year-old woman, in addition to the post-COVID chronic cephalussuffers from “adaptive disorder and cognitive deficit”, as well as difficulty paying attention and a slight memory loss. For all these reasons, the absolute incapacity due to post-COVID symptomsBut what does this decline really mean? We answer!
What is absolute permanent disability?
First of all, it is essential to determine what is absolute permanent disability.
According to Social Security, the permanent total disability It is one that “completely disqualifies a person from working in any profession or trade.”
In other words, this type of disability – also known as absolute invalidity– provides economic protection to workers who, for various reasons, cannot perform professional functions. Thus, the Permanent total disability due to post-COVID symptoms or for any other reason, facilitates the collection of a 100% pension of the regulatory base (for the rest of his life).
Table of diseases for permanent total disability
Although the diseases leading to absolute disability They are very varied and will depend on each particular situation. Below, we show you a Table of diseases for permanent total disability.
Although not all possible diseases are included, this is a summary of examples for permanent total disability which can help you better understand how this disability works. As we say, it will depend on the consequences or the incapacity that each person’s illness causes. That is to say, not all cancer patients will receive permanent total disability, but it is possible in some particular cases.
Degrees of permanent disability
The permanent disability It is not, in all cases, absolute. In fact, there are four degrees of permanent disability different. We show them to you:
- Partial. It is awarded to professionals who can still carry out their usual work, but with a decrease in its productionThat is, your professional performance has declined due to illness or accident.
- Total. A type of permanent disability that It only prevents the exercise of the usual profession of the patient. 55% of the regulatory base is received, although it may increase.
- Absolute. It is the one that disqualifies the professional from carrying out any trade or profession. That is, the person cannot work in his/her usual job or in any other job. The person receives 100% of the regulatory base.
- Severe disability. It is the most serious degree and is granted to those who, in addition to not being able to work, must receive assistance from another person to live normally. In other words: they need help to go to bed, wash, walk, eat… They receive 100% of the regulatory base and some additional supplements.
How to go from absolute permanent disability to severe disability?
As we have anticipated, the severe disability people who, in addition to not being able to work, are also unable to carry out everyday tasks on their own, such as washing or moving around. Therefore, go from permanent absolute disability to severe disability this requirement must be met.
If you are already sure that this requirement is met, the next steps will be the request for review of disability before the National Social Security Institute and provide medical reports that support this dependency to another person.
Once Social Security evaluates the case, a decision will be issued. Social Security resolutionrecognizing the serious disability or maintaining the permanent total disabilityIn the first case, the patient will receive, in addition to his benefit of 100% of the regulatory base, a financial supplement to cover the costs of assistance from third parties.
Aid compatible with permanent total disability
Remember that a person with permanent total disability cannot perform the basic functions of his professional activity, but could work in another sector. However, this is not the case with the permanent total disabilitywhich determines that the patient cannot perform either his or her usual job or any other job.
So, Are there benefits compatible with permanent total disability? That is, can the patient receive money beyond his pension? The quick answer is that: It will depend on each caseso we ask you to personally check the information detailed below.
In general, a person with permanent total disability will have access to other aid such as:
- Supplement for dependent spouse: It is granted when the pensioner has a spouse who is financially dependent on him/her.
- Minimum supplement: It is offered to those who, with their absolute permanent disability pension, do not reach the minimum legal income.
- Child benefit: A permanently disabled person who has dependent children under 18 years of age, or older disabled children, may be eligible for the dependent child benefit.
- Help for home adaptation: If a person needs to adapt their home for various reasons, it will be possible to access assistance for this purpose.
Also, keep in mind that each Autonomous Community presents its own aid. Therefore, it is best to obtain information directly from the offices of your regional government.
What advantages does a person with permanent total disability have?
A common doubt is that What advantages does a person with permanent total disability have? compared to other types of disabilities. Well, first of all, this person will have a disability 100% pension of the regulatory baseAlthough it may be subject to periodic reviews, it is a life pension, that is, for the rest of your life.
Furthermore, this pension is compatible with other aidsas we have detailed above, and allows access to benefits for people with disabilities recognized, such as tax deductions in personal income tax or parking cards for people with reduced mobility.
Finally, a person with permanent absolute disability can access to special scholarshipsboth for studies and for other non-professional activities.
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