The High Court of Justice of Castilla y León has upheld the withdrawal of permanent disability pension payments from a nursing assistant following successful spinal surgery. The ruling confirms decisions by social security evaluators and a regional lower court that found her physical limitations had reduced enough to allow a return to work.
In April 2023, the Instituto Nacional de la Seguridad Social recognized permanent total disability for the woman's job at a geriatric nursing home. She suffered from a severe herniated disc with lumbar stenosis, which caused radiating pain in both legs and prevented her from walking more than 100 meters without stopping. Her pension was set at 75 percent of a regulatory base of 465.22 euros per month while she awaited surgical intervention.
The worker underwent a laminectomy and a foraminotomy in October 2023 with favorable results. Her sciatica disappeared, severe symptoms subsided, and she regained the ability to walk without crutches or other support, prompting the Instituto Nacional de la Seguridad Social to initiate an official review protocol.
Medical Evaluation and Disability Cancellation
Evaluating doctors from the Instituto Nacional de la Seguridad Social examined the nursing assistant in early 2025, two years after her initial diagnosis. Their report noted a major improvement in her physical condition, with residual lower back pain controlled by mild first-step analgesics.
The medical assessment found no motor or sensory deficit in her legs and noted that an adaptive disorder in her medical history had stabilized. On March 18, 2025, the administration declared her permanent disability status terminated and canceled her pension effective March 31, 2025.
The worker rejected the decision and submitted private medical reports, including a magnetic resonance imaging scan and physiotherapy tracking, to argue her functional capacity remained impaired. However, the disability evaluation team ratified its position, and her subsequent administrative claim and lawsuit before the Court of Instance of Soria were both dismissed.
High Court Ruling on Social Security Law
The case reached the Social Chamber of the High Court of Justice of Castilla y León in Burgos. The worker appealed on grounds that the initial court misevaluated evidence, requesting a revision of proven facts and citing a violation of the General Social Security Law.
In ruling STSJ CL 2986/2026, issued on July 22, 2026, the court fully dismissed her appeal. Magistrates concluded that her current conditions are controlled, noting that while occasional acute crises might require temporary sick leave, they do not justify maintaining a lifelong pension.
