Depression and anxiety can be reasons for total incapacity – Online Psychologists

After a long time, psychological disorders will finally be treated in the same way as physical disabilities in the courts.

The High Court of Justice of Catalonia recognizes that pathologies are chronic and prevent the person who suffers from them from working, so it corrects the Social Court 7 of Barcelona denied a man disability because it considered his depression to be a temporary mental injury.

The stigma that people with some kind of mental illness suffer is now also in the courts. In general, judges find it difficult to see anxiety and depression as disorders that cannot be cured, and in reality, this is often the case. For this reason, Court grants of permanent work-related disability for psychological reasons are not common.

The High Court of Justice of Catalonia has just amended a ruling by the Social Court 7 of Barcelona that dismissed a man's claim against the National Social Security Institute (INSS) for not granting him disability due to his injuries.

The 47-year-old advertising agent, He was diagnosed with depressive disorder four years agowith a previous medical history. In 2019 he began receiving treatment in a hospital. In May 2019, the Medical Tribunal diagnosed him with severe major depressive disorder and generalized anxiety disorder and stressed that «therapeutic possibilities have not been exhausted.»

The judge interpreted that depression and anxiety were caused by his toxic habits

The man's report said that he also smoked, consumed alcohol and cannabis frequently and had episodes of loss of control. He stressed that he had not consumed any toxic substances in recent months.

The INSS He was not granted disability because he reported that the injuries he suffered were not permanent. and had to continue under treatment for the time necessary until the final assessment of the injuries.

After this news, the man decided to resort to justice, but The judge interpreted that her anxiety and depression were caused by bad habits that he had, even though the Medical Tribunal stated that he no longer maintained them. The man also pointed out that the judge had made a mistake, arguing that it was a case of history and not current events.

The Catalan High Court supports the advertising agent and considers that the judge was mistaken. In addition, it appeals that the man had already been diagnosed with severe major depression four years ago, with no evidence of recovery. He also claims that he has had a couple of suicide attempts and there is persistence of severe anxiety and depressive symptoms, despite having carried out all the treatments tested, including admissions to the Acute Unit and the Day Hospital, with a marked psychofunctional limitation.

The Court of Justice of Catalonia states that: «The severity and chronicity of the mental illness clearly limits the performance of any work activity,» which is why he is granted permanent total disability, «with the right to a pension of 100% of the monthly regulatory base of 633.34 euros.»

«The medical court usually insists on the possibilities of healing in these cases of mental health injuries and usually issues a notice denying the incapacity. –explain the advertising agent's lawyers–, with the possible consequences of an identical interpretation in the Social Court.

That is why the Supreme Court decreed that, when it was major depressionabsolute incapacity must be assessed. It is the way, let's say, to do justice in the face of the difficulty of proving a psychiatric chronicity.

When a person requests absolute capacity, it is because they suffer from major depression; not all disorders are the same. Depending on the nature, one type of disability or another may occur.

If you suffer from depression or any other disorder, The first step would be to request sick leave or, rather, a temporary disability. These cases usually have a good response to treatment, so a time out is enough.

When the disorder is higher and the symptoms persistthe time for sick leave is running out. There is only one solution: permanent disabilityThis degree will be conditioned by the severity and interference of the depressive disorder.

Within permanent disability there will be factors that will determine it:

Included will be cases of permanent partial disability, permanent total disability, or In the most serious cases, permanent total disability.

When there is a permanent absolute disability, that is, the one requested by the 47-year-old man, because no response has been obtained to the treatmentsso the symptoms are more resistant and, therefore, chronic.

We need to start treating mental disorders as what they are. And just as a person obtains absolute permanent disability because he has some kind of irremediable physical problem, people who have some incurable mental disorder should too.

Depressive disorders can cause temporary or permanent disability. This is a very serious matter and will not be granted on the first attempt.

If you have any questions, please contact us online psychologists They will answer them for you. The first online session is free.