A Social Court in Seville has set February 2026 as the date for the trial in which the lawsuit for permanent disability filed by a woman against the National Institute of Social Security (INSS) and the General Treasury of Social Security (TGSS) will be elucidated, which gives an idea of the traffic jam suffered by this jurisdiction due to the accumulation of cases and shows that the reinforcement measures that have been adopted have been clearly insufficient.
Rosa Mª M.B. was stunned when weeks ago she opened the registered letter she received at home and read the decree in which the lawyer of the Administration of Justice of the Social Court 2 of Seville indicated the date of the hearing: 10 a.m. on February 23, 2026, almost 51 months from now. “My lawyer had told me to be patient and that it would take about two years, but that was an understatement. I could never have imagined that I would have to wait almost four and a half years. Delayed justice is not justice,” she declared helplessly to this newspaper.
Former head of the economic administration of a Seville city council, the INSS issued in July 2019 a resolution granting her the situation of permanent disability in absolute degree due to urinary urgency treated with drugs, chronic cauda equina syndrome and left S1 radiculopathy. It was five years after undergoing an L5-S1 discectomy and bilateral foraminotomies to try to correct the problem.
The TSJA admits that the reinforcement plan to unclog the Social Courts of Seville has not given “satisfactory” results.
On April 9, the provincial management of the INSS in Seville informed her that she was denied the status of disabled for work after the assessment team appreciated a “variation in her professional disabling condition” that determined the “non-existence of any degree of disability”. From that moment on, she ceased to be a beneficiary of the economic benefit she had been receiving from the Social Security.
After the previous administrative claim was unsuccessful, Rosa Mª M.B. has gone to court to demonstrate that the severe functional limitation she suffers – aggravated by gynecological complications and emotional instability that has led to depression – prevents her from working and thus revokes the decision based on a medical review in which – she assures – the doctor did not go into depth in order to correctly assess the physical situation in which she finds herself.
“It must be taken into account that the medication I need to take chronically and permanently produces drowsiness and a decrease in the concentration and attention necessary to perform the work entrusted to me, which is accompanied by frequent falls due to instability in walking, after prolonged standing, due to muscle weakness and loss of strength in both lower limbs, producing a claudication to walking short distances (100 meters), since I cannot sit or stand for long periods of time, which, adding the difficulty of prolonged sitting, makes it impossible to perform any work or profession, since it prevents me from performing them correctly with a high probability of making mistakes since it is a predominantly intellectual work,” she states in the lawsuit.
Economic situation
Without physical or mental conditions to be able to work, the delay in the resolution of the lawsuit will aggravate his economic situation, now reduced to the receipt of a special allowance of 400 euros for 18 months. This allowance will expire in January 2023, when there will still be more than three years before the trial in which she will try to prove the disability that the INSS has not recognized her now in order to be able to collect the pension that corresponds to her for the years she has contributed. Her husband is unemployed and they have two dependent children.
The ten Social Courts of Seville closed 2020 with 25,867 pending cases (30% of all those processed in this jurisdiction in Andalusia, Ceuta and Melilla: 86,340). The year started with 23,575 procedures, registering in the course of the year another 12,243 – at an average of 33 per day – and resolving 9,955, according to the data detailed in the report of the Superior Court of Justice of Andalusia (TSJA).
“During 2020 the reinforcement plan has continued in Seville with two judges of territorial assignment grouped in an organizational structure that has two lawyers of the Administration of Justice and thirteen officials, although the results over time have not been satisfactory, so it will be necessary to ensure a correct and greater efficiency”, states the aforementioned report. The backlog suffered by the courts of Malaga and Seville led last spring to implement an “additional measure” in order to have two more judges of the Social order in both judicial districts.
José Luis M.D. has been ‘luckier’ than Rosa Mª M.B. This 48-year-old computer technician will ‘only’ have to wait three and a half years for the Social Court 5 of Seville to hold the trial for the lawsuit for partial permanent disability that he filed against the National Institute of Social Security on July 21. In his case, the hearing has been set for February 24, 2025.
The claimant underwent a cornea transplant in April 2019, losing 90% of the vision in his left eye. The INSS, however, has declared him discharged from work despite recognizing that the contributor suffers from a “partial limitation for activities with very high visual requirements in general”.
According to the plaintiff, this impairment causes him “a notable loss of performance”, which makes him entitled to a partial permanent disability. When the trial is held, 1,314 days will have passed since he knocked on the door of the courts.
3 comments
Translation
======
A Social Court in Seville has set February 2026 as the date for the trial in which the lawsuit for permanent disability filed by a woman against the National Institute of Social Security (INSS) and the General Treasury of Social Security (TGSS) will be elucidated, which gives an idea of the traffic jam suffered by this jurisdiction due to the accumulation of cases and shows that the reinforcement measures that have been adopted have been clearly insufficient.
Rosa Mª M.B. was stunned when weeks ago she opened the registered letter she received at home and read the decree in which the lawyer of the Administration of Justice of the Social Court 2 of Seville indicated the date of the hearing: 10 a.m. on February 23, 2026, almost 51 months from now. “My lawyer had told me to be patient and that it would take about two years, but that was an understatement. I could never have imagined that I would have to wait almost four and a half years. Delayed justice is not justice,” she declared helplessly to this newspaper.
Former head of the economic administration of a Seville city council, the INSS issued in July 2019 a resolution granting her the situation of permanent disability in absolute degree due to urinary urgency treated with drugs, chronic cauda equina syndrome and left S1 radiculopathy. It was five years after undergoing an L5-S1 discectomy and bilateral foraminotomies to try to correct the problem.
The TSJA admits that the reinforcement plan to unclog the Social Courts of Seville has not given “satisfactory” results.
On April 9, the provincial management of the INSS in Seville informed her that she was denied the status of disabled for work after the assessment team appreciated a “variation in her professional disabling condition” that determined the “non-existence of any degree of disability”. From that moment on, she ceased to be a beneficiary of the economic benefit she had been receiving from the Social Security.
After the previous administrative claim was unsuccessful, Rosa Mª M.B. has gone to court to demonstrate that the severe functional limitation she suffers – aggravated by gynecological complications and emotional instability that has led to depression – prevents her from working and thus revokes the decision based on a medical review in which – she assures – the doctor did not go into depth in order to correctly assess the physical situation in which she finds herself.
“It must be taken into account that the medication I need to take chronically and permanently produces drowsiness and a decrease in the concentration and attention necessary to perform the work entrusted to me, which is accompanied by frequent falls due to instability in walking, after prolonged standing, due to muscle weakness and loss of strength in both lower limbs, producing a claudication to walking short distances (100 meters), since I cannot sit or stand for long periods of time, which, adding the difficulty of prolonged sitting, makes it impossible to perform any work or profession, since it prevents me from performing them correctly with a high probability of making mistakes since it is a predominantly intellectual work,” she states in the lawsuit.
Economic situation
Without physical or mental conditions to be able to work, the delay in the resolution of the lawsuit will aggravate his economic situation, now reduced to the receipt of a special allowance of 400 euros for 18 months. This allowance will expire in January 2023, when there will still be more than three years before the trial in which she will try to prove the disability that the INSS has not recognized her now in order to be able to collect the pension that corresponds to her for the years she has contributed. Her husband is unemployed and they have two dependent children.
The ten Social Courts of Seville closed 2020 with 25,867 pending cases (30% of all those processed in this jurisdiction in Andalusia, Ceuta and Melilla: 86,340). The year started with 23,575 procedures, registering in the course of the year another 12,243 – at an average of 33 per day – and resolving 9,955, according to the data detailed in the report of the Superior Court of Justice of Andalusia (TSJA).
“During 2020 the reinforcement plan has continued in Seville with two judges of territorial assignment grouped in an organizational structure that has two lawyers of the Administration of Justice and thirteen officials, although the results over time have not been satisfactory, so it will be necessary to ensure a correct and greater efficiency”, states the aforementioned report. The backlog suffered by the courts of Malaga and Seville led last spring to implement an “additional measure” in order to have two more judges of the Social order in both judicial districts.
José Luis M.D. has been ‘luckier’ than Rosa Mª M.B. This 48-year-old computer technician will ‘only’ have to wait three and a half years for the Social Court 5 of Seville to hold the trial for the lawsuit for partial permanent disability that he filed against the National Institute of Social Security on July 21. In his case, the hearing has been set for February 24, 2025.
The claimant underwent a cornea transplant in April 2019, losing 90% of the vision in his left eye. The INSS, however, has declared him discharged from work despite recognizing that the contributor suffers from a “partial limitation for activities with very high visual requirements in general”.
According to the plaintiff, this impairment causes him “a notable loss of performance”, which makes him entitled to a partial permanent disability. When the trial is held, 1,314 days will have passed since he knocked on the door of the courts.
Translated with http://www.DeepL.com/Translator (free version)
It’s the same in Italy.
MDY, 12 hour time, the most European, especially Spanish, format