The Supreme Court recently issued an important order regarding the eligibility of individuals suffering from obesity to apply for a disability pension. The ruling comes as a response to the increasing recognition of obesity as a pathology that can have significant impacts on a person’s health and quality of life, including their ability to work.
According to the order, individuals with a body mass index (BMI) between 35 and 40 may be considered eligible for a disability pension if obesity becomes a significant limitation to their social relationships and ability to work. The determination of BMI is crucial in determining eligibility for such benefits.
Furthermore, obesity is included in the INPS tables of disabling conditions and can result in a disability percentage between 31% and 40%. However, it is important to note that if there are no complications, individuals may not be entitled to the benefits provided by law, except for the free granting of aids related to the pathology.
The recent order from the Court of Cassation emphasized the permanent nature of obesity as a disease and its potential to cause further pathologies or alterations in the functions of the organism. The court stated that if obesity leads to medical and nutritional therapy, it should be considered a disabling disease, allowing individuals to apply for a disability pension.
The order stemmed from a case in which the Court of Gorizia initially rejected the decision of the CTU, which had declared a reduction in working capacity for an obese woman suffering from other health complications. The court initially attributed the severe obesity to the woman’s lack of will to follow a correct diet and deemed it as negligent behavior. However, the Court of Cassation ultimately accepted the woman’s appeal and recognized her as having a 74% civil disability, with the consequent attribution of the monthly allowance for partial civil invalids.
This ruling marks an important step in the recognition of obesity as a potential basis for applying for a disability pension, emphasizing the need to consider its impacts on individuals’ overall health and ability to work.