Absolute incapacity for work due to severe psychiatric disorders is granted to a doctor whom the INSS declared fit to practice

The worker, assigned to Special Regime for Self-Employed Workerswitnessed, according to the plaintiff, a traumatic event in his childhood, causing post-traumatic stress syndrome. «Already in his adolescence, they emerged in him obsessive personality traits such as extreme perfectionism and self-demand, fear of contact with dirt with excessive washing rituals, avoidance behaviors, hypertrophied sense of responsibility and ego-syntonic need for order/symmetry,” it is noted in the clinical documentation provided before the judge.

«In 2017 (and with more intensity in 2019) -he continues- there is a severe worsening of symptoms obsessive-compulsive, with cognitive and attention/concentration failures, the need to repetitively check things as well as the indications and prescriptions for his patients, which is why he caused medical leave due to temporary disability.

However, on May 30, 2022, the Provincial Directorate of the National Institute of Health (INSS) rejected his request for work disability. He alleged that ICAM (Catalan Institute of Medical Evaluations) sees “a non-preventing clinic” for any work activity.

Hence, represented by the law firm Toro Lawyersdecides to file a prior claim and subsequent legal action. According to the medical reports of the Nepp Institute and CSMS of the Social Security hospital network, the patient suffers from “severe, chronic, recurrent major depressive disorder without therapeutic response.” severe and chronic mental disorder of long and torpid evolution with sadness, crying, apathy, asthenia, anorexia, loss of illusions, ideas of death, sleep disorder, fears, restlessness, irritability and episodes of aggression, severe anxiety crises, lack of concentration and feelings of uselessness , as well as a severe obsessive-compulsive disorder with severe difficulties in daily life.

Now, the judge of a Social Court in Barcelona has evaluated the file, taking into account the jurisprudence that says that “to assess the degree of disability, rather than attending to the injuries, it is necessary to attend to the limitations that they represent in order to the development of work activity. And in this specific case, the judge considers it proven that “the depressive and obsessive-compulsive symptoms of severe intensity with a chronic course have not improved and seriously compromises functionalism of the actor, limiting him in the professional and family spheres. For this reason, it declares the worker affected by Absolute Work Incapacity and condemns the INSS to pay him a pension of 100% of his regulatory base of 3,309.32 euros and the effective cessation of his work activity.