Fibromyalgia

The Courts Have Confirmed That Fibromyalgia Is Ground For Declaring A Permanent Disability

The TSJ Social Chamber of Catalonia held in a recent judgment, S 1403/2015 of 24 February (Rec. Suplicación 6239/2014), fibromyalgia and chronic fatigue syndrome (CFS) is ground for declaring a “permanent disability”.
The statement refers to a case of a woman, operate chemical industry, which has suffered more recurrent depression frame without psychotic symptoms serious nature, neck pain and degenerative process without the involvement of the root, fibromyalgia and CFS
In its decision, the Supreme Court of Catalonia emphasizes the settled case-law on setting the LGSS ago on disability, which states that “permanent disability assessment should be done in response primarily derived functional limitations of employee suffering.”
Image result for the-courts-have-confirmed-that-fibromyalgia-is-ground-for-declaring-a-permanent-disability
For the House, the disability must be understood as the loss of capacity of serious anatomical or functional reductions that reduce or nullify the ability to work, and without inhibiting the classification of the possibility of recovery of work capacity when it is present as uncertain or very long term.
That is, not only must not only be recognized when it has no physical possibility for any professional work, but also when even keeping skills to perform some activity, do not have to do it with minimal effectiveness, as the performance of any work, even though simple, it requires a scheduling requirements, movement and interaction, as well as care and attention.
In the case, the patient’s disease become -If an image that “prevents the proper performance of all types of work, including sedentary tasks and mild nature that do not require the performance of especially intense physical effort.”
“At the present time is affected by a serious serious nature of disorder that occurs with sufficient intensity to cancel your ability to work, to which are added other degenerative diseases,” the decision.
The candidate has major recurrent depression without psychotic symptoms serious nature, neck pain and degenerative process without the involvement of the root, fibromyalgia and CFS.

Therefore, the TSJC dismisses the Rollback moved by the National Institute of Social Security (INSS) against the decision already given the Labour Court 1 Girona in 2013.
Go to Page 2
Image result for next page button

3 Comments

  1. I have suffered with polymyagia for the past 7 years which is a family illness of fibromyalgia so this is encouraging news as no one knows unless they suffer with this illness how excruciating the pain can be affecting everyday life

  2. It took me several times to read the article and it’s about time that fibromyalgia is really real… The level of pain in which we live with everyday life is so painful that I don’t want to get out of bed every morning afternoon or evening… I live my life one day at a time… Life in general is hard enough but dealing with this condition/illness in which they did not state if fibro is either of the two ~ ??? Yes… There is other conditions/illness that comes along with fibromyalgia that has it to come forth… Listening to the voice of one person isn’t enough to understand how this takes a toll on our bodies of living day in and out of pain… It’s not enough…

  3. I have been out of work for 15 yrs due to my FM, CF and many other Health issues. 13 yrs ago I tried for disability (I live in Indiana) and spent a several years trying, got a lawyer (who helped me NOT at all) and was subsequently given a final denial. With all the new cases going to Court and being approved can I file again. ( My state had me as disabled and on State insurance until SS gave me the final denial) Or can I file again with one of my other Health problems?? I was never given a real answer when I asked, I have a family of 4 and we could really use the extra money- I might be able to go to Dr again..

Leave a Reply

Your email address will not be published. Required fields are marked *