El derecho al acceso de la persona jubilada anticipadamente por razón de discapacidad a la situación de incapacidad permanenteComentario a la sts de 27 de abril de 2022

Abstract

This paper analyzes the STS of April 27, 2022, in which a long-debated issue is addres-sed, both at the doctrinal and judicial level and that refers to the right to recognition of a perma-nent disability to a person with disabilities, which access early retirement based on the right they have recognized in art. 206.2 TRLGSS (currently art. 206 bis) and that means advancing the time of retirement to an earlier age than ordinary, considering, therefore, whether or not it is possible to equate this assumption with respect to cases of early retirement due to termination of the contract for reasons not attributable to the worker. The study of this sentence is especially im-portant because with it the Social Chamber, taking into account the recent constitutional doctrine contained in sentences 172/2021 and 191/2021, proceeds to reconsider the doctrine maintai-ned until now, understanding that the denial of this right it is discriminatory for the person with a disability insofar as it generates a difference in treatment not provided for in the norm, without objective and reasonable justification, derived exclusively from the fact of having agreed to an early retirement situation precisely because of their disability situation.