A 41-year-old self-employed bus driver in Catalonia has been granted a permanent absolute disability pension of €2,522.69 per month after the region's Superior Court of Justice (TSJ) found that his psychiatric deterioration made it impossible for him to maintain any form of employment. The ruling remains open to appeal before the Supreme Court and shows the legal and medical complexities surrounding disability benefits in Spain.
The man had been recognized as having a permanent total disability since November 2020. This barred him from driving professionally because of addiction-related disorders, but did not exclude him from all types of work. In 2023, he requested a review of his status, citing a worsening condition. The National Social Security Institute (INSS) rejected his request twice, arguing that there had been no impressive aggravation. After exhausting administrative channels, he turned to the Social Court in Barcelona, which ruled in his favor in 2025 and upgraded his status to absolute incapacity.
Court documents described a marked decline in his mental health, including active depressive symptoms, obsessive anxiety, suicidal thoughts and severe cognitive impairment linked to his illness and medication. The evidence also pointed to social withdrawal and confinement at home, as well as loss of autonomy and profound difficulties with concentration. The court said these symptoms affected his ability to work, care for himself and interact socially.
The INSS appealed, arguing that the former driver could still perform light or sedentary tasks that posed no hazard. It also cited medical reports indicating several months of abstinence from addictive substances. The TSJ rejected the argument, emphasizing that the legal standard for absolute incapacity is not whether a person can perform isolated tasks, but whether they can sustain any job with continuity, dedication and effectiveness. Given the chronic, severe nature of his condition, the court concluded that he was unfit for any profession.
Under Spanish law, absolute permanent disability entitles recipients to a lifelong pension equal to 100% of their regulatory base. The benefit is subject to periodic review if there is evidence of improvement or worsening, a diagnostic error, or unauthorized employment. In this case, the regulatory base was set at €2,522.69 per month. The court stressed that this outcome does not mean all individuals with bipolar disorder automatically qualify for absolute disability; the decisive factor is the proven impact of the illness on a person's ability to work. Pension amounts also vary information from each individual's regulatory base.
When the decision was made public in May 2026, it was not yet final: the INSS retained the right to appeal to the Supreme Court for a unification of doctrine. The case is a specific judicial outcome, not a precedent-setting rule for all similar cases.
This case follows other recent disability rulings in Spain, including the decision involving a hotel worker in Benidorm who was awarded a pension after vision loss left her unable to work, as reported in a previous court case covered by russpain.com. Together, these cases show how Spanish courts assess the real-world impact of medical conditions on professional life.
