The High Court of Justice of the Balearic Islands has confirmed the denial of permanent disability to a 55-year-old cleaner suffering from agoraphobia, panic attacks, and anxiety, considering that her conditions are not disabling for her profession.
The Social Chamber of the TSJB has dismissed the appeal of a 55-year-old cleaner from Palma, who requested absolute or, subsidiarily, total permanent disability due to the anxiety disorders and agoraphobia she suffers from. The court considers that, despite her ailments, the woman can perform her job effectively.
The worker, diagnosed by the Psychiatry service of the Son Espases hospital, suffers from a severe anxiety disorder with agoraphobia, recurrent depressive anxiety, and a personality disorder. She has undergone pharmacological treatment and psychotherapy, but the court understands that she has evolved positively.
The judicial journey of the claim
In November 2023, the National Institute of Social Security (INSS) had already denied her benefit, considering that her injuries did not sufficiently reduce her work capacity. The woman appealed to a social court in Palma, which also dismissed her claim.
The initial ruling stated that the claimant “has positively evolved from the pathological condition” that led to her temporary leave. Now, the TSJB ratifies that decision, emphasizing that no limitations are described for carrying out a professional activity “with the necessary efficiency and with economically profitable performance.”
The worker's arguments
In her appeal to the TSJB, the cleaner argued that the lower court's ruling did not correctly assess the severity of her ailments or the synergy between them. She highlighted that the anxiety disorder with agoraphobia, recurrent depressive anxiety, and personality disorder prevent her from working in any occupation.
The woman's defense argued that the court made an “erroneous assessment of daily living activities as indicative of work capacity.” It stated that her positive attitude and willpower, mentioned in the contested ruling, do not negate the objective functional limitations she presents.
The disorder and its treatment
Agoraphobia is a disorder that generates an intense fear of being in places or situations from which it would be difficult to escape, such as open spaces, closed spaces, crowds, or public transport. The patient has been in medication treatment and has attended individual stress management sessions, in addition to joining a stress and anxiety regulation group. She has also undergone individual psychotherapy sessions on a monthly basis.
For the residents of Palma, this ruling serves as a reminder of how strict the system is in recognising permanent disability due to mental health issues. The TSJB has been clear: psychiatric conditions, no matter how severe, must translate into specific functional limitations for the usual profession.
The worker, who remains active or on leave, will now have to consider whether to appeal to the Supreme Court. For now, the Balearic justice system believes she can continue to perform her duties as a cleaner, despite the panic attacks and anxiety she suffers from.
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