A local police ask for the leave to stop working and social security is denied: justice determines that he is right

Incredible 7 made of absolute permanent disability in local police revealed by the TSJCyl

The surprising legal battle of a local police against INSS and the importance of recognition of absolute inability

When a person dedicated to public function He faces a critical diagnosis, his employment and personal situation can change radically. This is the case of a worker who, performing as Local Policebegan a temporary disability process in May 2021. What seemed like a temporary stage, extended unexpectedly until November 2022 due to a Acute myeloid leukemia diagnosis that marked a before and after in his professional and family life.

In June 2021, the medical situation of the police worsened and the experts determined that throughout the treatment multiple complex therapies, including transplants and surgeries. This fact was reflected in detail in the sentence issued by the Superior Court of Justice of Castilla y León and published on the official website of the General Council of the Judiciary (CGPJ).

After finishing its temporary disability, the National Social Security Institute (INSS) valued his case and on May 23, 2023 he recognized the worker a Total permanent disabilitya situation that exonerates her to continue in her usual profession but that maintains the possibility of performing other work activities. This granted a pension equivalent to 55% of its monthly regulatory base, set at 2,614.5 euros prorated in 14 annual payments.

However, the personal and medical reality of this agent made the INSS decision not easily accepted. The employee filed a legal claim to recognize her right to the absolute permanent disabilitya category that would exempt it from any work activity due to the aggravation of its disease, giving it much broader and more definitive protection.

The case was analyzed in the first instance by the Social Court No. 4 of Valladolidwhich ruled in favor of the worker. However, the INSS appealed when considering that leukemia was in remission phase and that there was a rehabilitation and reinstatement forecast, presenting a resource that amounted to the Superior Court of Justice of Castilla y León (TSJCyL).

In July 2025, the TSJCyL issued a forceful sentence with a ruling that will mark a precedent in similar cases: it dismissed the appeal of the INSS and reaffirmed that the worker is in absolute permanent disability. The Chamber argued that, despite there is a 5 -year oncological healing theory, the particular state, with sequelae and obvious limitations, demands the highest recognition and social protection for this local police.

“The concrete situation of the plaintiff, beyond the five -year theory for the total healing of oncological processes, places it in a situation of absolute permanent disability.” – Judgment of the TSJCyL, July 2025.

7 reasons why this case is a key precedent in permanent disability for local police and public employees

• Recognition of the patient's individual gravity: General theories are not applied without addressing real and current circumstances.
• Expansion of labor rights: The absolute disability granted protects the worker in front of pressures to return.
• Tight pensions: Greater economic coverage in the face of total limitations.
• Exhaustive medical assessment: The diagnosis of Acute myeloid leukemia Holds incapacity.
• Importance of time factor: Beyond five years, the perspective of evolution remains critical for some cases.
• Jurisprudence in defense of the worker: Courts protect labor rights before Social Security and INSS.
• Precedent for future similar cases: Judgment that forces to take into account individual situations against general technical opinions.

This ruling puts public workers and public officials afflicted with serious diseases, who can now have a judicial precedent that defends the broader social protection they deserve. In addition, it confirms the importance of knowing and defending labor and social security rights against organizations such as INSS.

What does this judgment imply for the rights and pensions in the public sector?

The recognition of the absolute permanent disability It increases not only the guarantee of not having to return to any job, but also improves economic protection, ensuring a pension that allows to cover health and quality of life needs. For security forces such as the Local Police, where physical and mental demands are high, this opinion is a real support in critical health situations.

Public sector workers, pay attention: This case represents the imperative need to evaluate each case carefully and not be alone with initial administrative decisions.

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Frequent questions about absolute permanent disability for local police and public workers

1. What is the difference between total and absolute permanent disability?
   Total permanent disability prevents usual work, but allows another type of employment. The absolute prevents any work, giving greater protection and pension.
2. How is the recognition of absolute permanent disability request?
   Through an administrative procedure before INSS, and if necessary, judicial claims can be appealed for a court to review the case.
3. When can you review the degree of disability?
   Generally, after changes in the medical situation or after a stipulated period depending on the case, always supported by new clinical documentation.
4. What percentage of pension corresponds to absolute permanent disability?
   The pension is usually 100% on the regulatory basis, although it may vary according to the type of contingency and current regulations.
5. Can public security forces and bodies take over permanent disabilities?
   Yes, like any worker, if the disease or injury prevents continuing with their functions.
6. What resources are in the face of a denial of absolute permanent disability?
   It can be appealed before the Social Courts and Courts of Justice to defend labor and social security rights.
7. How important is the medical diagnosis for these processes?
   It is fundamental: the specialized medical opinion is the basis for any inability recognition.
8. How long does the judicial process usually last?
   It depends, but can be extended between months and years, depending on complexity and resources presented.
9. Is it common for INSS to resort to judicial decisions in your favor?
   Yes, in some cases they go to higher instances if they consider that the sentence does not conform to technical or economic criteria.
10. How does this judgment affect local police or other workers with serious diseases?
    It establishes a favorable precedent to protect your rights with greater rigor and proportionality in medical and legal assessment.

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