Landmark Ruling for Worker with Neurodegenerative Disease

The Social Chamber of the Barcelona Court of First Instance has ruled that the National Institute of Social Security (INSS) must grant Absolute Permanent Disability (IPA) with a 100% pension to a 61-year-old Barcelona bus driver suffering from Parkinson’s disease and an anxious-depressive disorder. The decision, issued on 9 October 2026, overturns the INSS’s earlier assessment that the man could perform lighter, sedentary work. The court declared the worker 'in a state of permanent disability of the absolute degree, derived from a common illness', and ordered the INSS to pay a pension based on a regulatory base of €2,623.38 per month at 100%.

The degree of evolution of Parkinson's disease has worsened, which 'significantly compromises his postural stability and gait, causing him great difficulty in getting to work, and resting tremor.'

The ruling confirms that by the time of the judicial review, the man’s condition had progressed from stage II to stage III on the Hoehn and Yahr scale, a medical framework used to assess Parkinson’s progression. At this stage, patients experience moderate to severe motor dysfunction, including slowness of movement, balance issues and impaired walking.

The worker, represented by labour lawyer Itciar López and the Toro Abogados firm, first applied for disability status through administrative channels in 2023, when he was diagnosed with stage II Parkinson’s. The INSS granted him partial disability but deemed him capable of non-driving roles. However, as his condition deteriorated, his legal team challenged the decision in court, arguing that his symptoms, including mobility limitations, postural instability and reduced autonomy, made any form of employment unfeasible.

The court agreed, noting that the man’s ability to perform even the lightest tasks had been severely compromised. The pension will be backdated to 29 June 2023, the date the initial application was filed, subject to deductions for any overlapping benefits or periods of work. The ruling allows the man to focus on managing his health without the burden of seeking employment. It also sets a precedent for how advanced Parkinson’s is assessed in disability claims under Spain’s social security system.

Sources: Metrópoli, federalregister.gov, metropoliabierta.cat, va.gov.