The Superior Court of Justice of Aragon (TSJA) has ruled in favor of a man who demanded his right to receive an early retirement pension with 100% of the regulatory base (2,932.14 euros) at 63 years of age due to a 57% disability.
As stated on the portal News Workthe National Social Security Institute (INSS) had filed an appeal, alleging that it did not meet the minimum years of contributions affected by their disability.
The plaintiff, who worked at the Zaragoza City Council, suffered a head traumawhich caused a disability that manifested itself in functional limitations of the spine, generalized seizures and a disease of the genitourinary system.
In 2010 he was recognized as having a disability of 57% and in July 2023 he decided to request early retirement due to disability, based on Royal Decree 1851/2009 and its modification by Royal Decree 370/2023, which allows the retirement age to be reduced. for people with significant disabilities.
Social Security denied his request, arguing that he did not comply with the 15 years of contributions required from the date of beginning of your disability until the causative event.
On the other hand, the INSS questioned whether the accredited pathologies justified the application of the reducing coefficients if applicable and he did not consider that his disability, derived from childhood trauma, had affected his ability to work throughout his life.
The worker insisted and presented a new application in November 2023. On this occasion, the INSS partially accepted it, but with a percentage of 88.57% of the regulatory base.
Given this, the worker went to court. The Social Court No. 4 of Zaragoza agreed, but Social Security appealed the decision to the TSJA, which in his sentence dismisses the INSS appeal and ratifies the previous ruling.
The TSJA maintains in its ruling that the pension must be calculated at 100% of this: 2,932.14 euros per month, instead of the 88.57% initially approved by the INSS.
Furthermore, it obliges Social Security to pay the corresponding difference from the effective date.
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