Medical board denies permanent disability to woman with cancer for appearing ‘too made-up

For people in Spain who want to leave the workforce because of illness, the process for applying for permanent disability lets them do so.

Getting this financial benefit, on the other hand, is not easy. People who want to apply must show that an accident or illness has made it much harder for them to do their normal job or any other job.

It’s not always possible to get permanent disability, and the reasons given for refusal can make people very angry. A recent case involving a woman with cancer whose request for permanent disability was turned down has caused a lot of debate. The medical tribunal made their decision because they thought that the way she looked didn’t show how sick she was.

The woman’s lawyer wrote on social media that the judge’s doctor said the applicant looked “too made up and well-groomed” to be sick. Fidelitis, a company that specializes in work disabilities, sent this information to us.

“The doctor told her straight out that she looked like she had a serious illness because she was wearing too much makeup and styling her hair too much.” “The medical report even said this,” the lawyer said in a video.

Understanding Permanent Disability in Spain

Permanent disability is a financial benefit that the Social Security system gives to workers who, after medical care, are left with severe limitations that make it impossible for them to do their job.

According to data from the National Institute of Social Security (INSS), more than 53% of applications for these pensions are turned down. This is because the approval of these pensions depends on the decision of the medical tribunal and the administration.

The law firm Fidelitis, on the other hand, says that Social Security turns down more than 90% of the annual requests for permanent disability pensions.

Types of Work Disability Managed by Social Security

In Spain, the Social Security system handles different kinds of disability at work, mostly telling the difference between temporary and permanent disabilities.

Temporary Disability: This is also known as sick leave and is a daily subsidy that makes up for the worker’s lost income while they can’t work and get medical care. By definition, this situation is only temporary and can only last for a certain amount of time. It is expected that the worker will be able to go back to work after their medical care is over.

There are many things that can cause temporary disability, such as common illnesses, occupational diseases, accidents at work, and accidents that aren’t related to work. The conditions for getting medical leave and the amount of the subsidy can be very different depending on the reason.

Permanent disability, on the other hand, is when a worker, after getting medical care or being in an accident, has severe anatomical or functional changes that make it impossible for them to work at all.

Steps to Obtain Permanent Disability Benefits

The first step in getting this benefit is starting a file and having a medical authority do a full evaluation of the worker. After that, a group of health professionals makes a decision that the administration takes into account when deciding whether to give the pension. If the applicant is turned down, they can appeal the decision.

Disability Rights for Self-Employed Individuals

People who work for themselves can also get benefits for both short-term and long-term disabilities. But they have to meet certain requirements, and depending on how bad their disability is, they might not be able to get coverage.

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