Coefficient reducer of the workers' retirement with disability: Who values the need of help of third person?

Abstract

The regulatory regulation of the reduction of the retirement age of the workers with disability contemplates two coefficients different reducers, according to which the worker accredits the need of the contest of another person for the accomplishment of the essential acts of the ordinary life, or not. Well then, the STS of February 18, 2015 began to discern if the need of help of a third party must be certified for an administrative organ or also it fits the possibility that it is passed by the judicial organ to which it is appealed in a process on retirement. The High Court resorts to the rules foreseen to accredit the disability, declaring that the way of test cannot consist of the own valuation of the jurisdictional organ. We understand that it is necessary to differentiate valuation of the degree and valuation of the need of help of third person.