{"id":107809,"date":"2018-02-02T09:25:28","date_gmt":"2018-02-02T08:25:28","guid":{"rendered":"http:\/\/aseryde.com\/?p=107809"},"modified":"2018-02-02T09:25:28","modified_gmt":"2018-02-02T08:25:28","slug":"supremo-fija-45-minimo-discapacidad-optar-la-jubilacion-anticipada","status":"publish","type":"post","link":"https:\/\/aseryde.com\/en\/supremo-fija-45-minimo-discapacidad-optar-la-jubilacion-anticipada\/","title":{"rendered":"The Supreme Court sets the minimum disability to qualify for early retirement in a 45%"},"content":{"rendered":"

"We are not faced with a review, but rather an update of the scale," the high court stated.<\/span>
\n<\/span>
\n<\/span>The Supreme Court has accepted that those who suffer from a minimum degree of disability of 45% will be able to access early retirement provided that the assessment of their disability has not changed for a sufficient period of time, because the decree that establishes this can be applied to them.<\/span>
\n<\/span>
\n<\/span>The ruling that establishes this doctrine, which has been disclosed by the Association El Defensor del Paciente and by the Association of Victims of Thalidomide (Avite), affects all those citizens included in decree 1851\/2009, relating to, among other groups, victims of thalidomide.<\/span>
\n<\/span>
\n<\/span>The aforementioned decree affects people who suffer from a disability related to the following diseases: "Intellectual disability (previously mental retardation), cerebral palsy, Down syndrome, Prader Willi syndrome, fragile X syndrome, osteogenesis imperfecta, achondroplasia, cystic fibrosis, Wilson's disease, autism spectrum disorders, congenital abnormalities secondary to Thalidomide, sequelae of polio or post-polio syndrome."<\/span>
\n<\/span>
\n<\/span>In short, the Supreme Court echoes the situations faced by many workers who, suffering from one of these illnesses and a degree of disability greater than or equal to 45% on the date of their application for early retirement, had not been granted it because they could not prove that they had worked for 15 years since they became disabled.<\/span>
\n<\/span>
\n<\/span>The aforementioned decree establishes certain criteria that some of these people could not meet, even though due to the nature of their illness, it was present before the law came into force (in the case of thalidomide sufferers, obviously from birth).<\/span>
\n<\/span>
\n<\/span>What the Supreme Court is doing now is recognising that as long as these diseases have not undergone any evolution over time, the time periods to be taken into account must go back to the first time the degree of disability of the affected persons was assessed.<\/span>
\n<\/span>
\n<\/span>The case that led to the ruling concerns a thalidomide patient who had been disabled since birth.<\/span>
\n<\/span>
\n<\/span>In this regard, the court says that "it is a matter of applying the new scale established for the assessment of disabilities."<\/span>
\n<\/span>
\n<\/span>"We are not faced with a review, but rather an update of the scale, so the total period of contributions by the actor has been having worked with a degree of disability greater than 45%, specifically 75%" (a congenital pathology consisting of agenesis of both forearms and several fingers).<\/span> \t<\/p>","protected":false},"excerpt":{"rendered":"

"We are not facing a review, but rather an update of the scale," the high court states. The Supreme Court has accepted that those with a disability level of at least 45% may access early retirement provided that the assessment of their disability has not changed for a sufficient period of time, due to the fact that [\u2026]<\/p>","protected":false},"author":2,"featured_media":107810,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-107809","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias"],"_links":{"self":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/107809","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/comments?post=107809"}],"version-history":[{"count":0,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/107809\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/"}],"wp:attachment":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media?parent=107809"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/categories?post=107809"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/tags?post=107809"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}