Second activity and recognition of Total Permanent Disability. Compatibility or abuse?

Abstract

STS 26 April 2017 (Rec. 3050/2015) analyses the differences between the possibility of combining the total permanent disability pension with the realization of a new job "provided that the functions do not coincide with those that caused the disability (article 198.1 LGSS) and the so-called "second activity" situation characteristic of certain professions such as police or fire-fighter, concluding that these are different assumptions that make their compatibility impossible. Hence, even if one of these workers is declared as totally and permanently disabled for their usual profession in accordance with the tasks of the "first activity", if he moves to "second activity" he can only receive the corresponding Social Security pension when he definitively ceases at work.