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Spanish courts uphold denials of disability and pension benefits
Spanish high courts have issued rulings regarding the denial and withdrawal of social security benefits based on medical status and residency requirements.
The High Court of Justice of Andalusia upheld the denial of permanent disability benefits for an agricultural worker suffering from lumbar pain, a shoulder injury, and fibromyalgia. The court ruled that because the worker remains under medical treatment with the potential for functional recovery, the conditions do not meet the threshold for permanent incapacity, regardless of the irreversible nature of certain injuries.
Separately, the High Court of Justice of Catalonia confirmed the termination of a non-contributory disability pension for a woman who spent 680 days in Morocco over several years. The court found she violated residency requirements, which permit absences of no more than 90 days per year. Additionally, the court noted that her household income exceeded the legal limits permitted to maintain the benefit.
Entities
Instituto Nacional de la Seguridad Social · Tribunal Superior de Justicia de Andalucía · Tribunal Superior de Justicia de Cataluña