San José’s right to 1,600-euro incapacity pension recognised by Basque court | OneFootball

The Basque High Court of Justice has recognised former Athletic midfielder Mikel San José’s right to a lifelong Social Security pension of about 1,600 euros a month, citing permanent total incapacity for his usual profession.

As reported by as.com, the Social Chamber ruled on 15 January, with chamber president Pablo Sesma dissenting that accepting the case could lead to incapacity being granted to professional athletes once they reach a certain age.

The decision is not final and can be appealed to the Supreme Court. It rejects an INSS challenge and upholds a 27 May 2025 ruling by Bilbao’s Social Court No 5, confirming a 55% pension from a 3,042.82-euro base, effective from May 2023, plus unemployment-related compensation.

The court set out his career path, from Athletic in 2005 to Liverpool, then back to the Bilbao club until 2020. He later joined Birmingham City Football Club and finished at Amorebieta in August 2022.

San José retired at 33 on medical advice. Diagnoses included cervical osteoarthritis, disc hernias at C4-C5 and C5-C6, foraminal stenosis, thoracic disc disease and lumbar spondyloarthrosis.

While no single injury was deemed decisive, the court found the combined cervical, dorsal, lumbar and ankle issues created a global limitation incompatible with professional football’s demands for maximum physical output, continuity and low structural risk. It therefore recognised the pension and rejected the INSS view that many players retire at 30-35, so no benefit was due.

Source: as.com