Gabriel’s permanent disability pension is to be reinstated after the INSS revoked it, despite his ongoing treatment for post-traumatic stress disorder and depression. The agency had ruled that the police officer could return to work, but the court found that his psychological impairments still prevented him from performing police duties.
The INSS had previously recognized that Gabriel’s psychological condition made police work impossible. He experienced persistent anxiety and sleep problems, alongside depression. He was granted a permanent disability pension equal to 55% of his regulatory base. After a routine review, but, the agency revoked the benefit, leaving him without support and facing the prospect of returning to a job that had already damaged his health.
Information from his lawyer, Marina Alaminos, Gabriel’s symptoms never improved. He continued to experience severe psychological limitations, including panic attacks at the thought of returning to police work. The defense argued that these conditions were incompatible with law enforcement, where high-stress situations are routine. The INSS gave no clear explanation for withdrawing the pension, leaving Gabriel unable to work and without income.
In Spain, disability disputes generally proceed through an administrative appeal against the INSS decision, followed, if necessary, by a case before the social court. After Gabriel’s administrative appeal failed, Alaminos took the case to court. She presented medical records and expert testimony showing that his condition had not changed and that returning to police work would likely worsen his health. The judge agreed, ruling that the INSS had acted without sufficient basis and ordering the immediate reinstatement of Gabriel’s permanent disability pension. The court cited the persistence of his psychological impairments and their direct impact on his ability to perform police duties. Spanish legal publications report that courts in similar cases assess how a condition limits a claimant’s ability to do their specific job, with the diagnosis forming only part of that assessment.
Details about the court, including its jurisdiction, have not been disclosed. Nor have the ruling date or case number. The ruling applies only to Gabriel’s case and does not indicate a broader policy change. It is not known whether the INSS will appeal or how long Gabriel went without his pension during the dispute. Talent24h reported that the case highlights the difficulties public employees face when work affects their mental health and the bureaucratic obstacles involved in seeking recognition for psychological injuries.
In September 2026, Spanish courts issued both approvals and denials in disability pension cases, depending on whether claimants could prove a lasting loss of ability to perform their usual work. The decisive factor remained demonstrated functional incapacity, particularly in cases involving psychological disorders. Spain’s public sector has long struggled to address psychological trauma within rigid administrative systems. Gabriel’s case illustrates the gap between medical evidence and institutional decisions. Several Spanish legal analysts say courts increasingly recognize psychological conditions, including anxiety and depression, as grounds for maintaining disability pensions. They also cite panic attacks and post-traumatic symptoms when those conditions prevent claimants from returning to their previous profession.
