Information

People are severely disabled within the meaning of Part 3 of SGB IX if they have a degree of disability of at least 50 and are legally resident, ordinarily resident or employed in a workplace within the meaning of Section 156 of SGB IX within the scope of SGB IX (i.e. in Germany).

Effects of

• special protection against dismissal
• special recruitment/employment incentives for employers through wage cost subsidies and
  Consideration in the employment obligation
• assistance with workplace equipment
• support from specialised services
• additional holiday
• free transport
• special retirement pension
• exemption from overtime can be applied for

• Online application to the Lower Saxony State Office for Social Affairs, Youth and Family for the determination of a disability and the awarding of characteristics

Persons with a degree of disability of less than 50, but at least 30, can be treated as severely disabled persons upon application by the Employment Agency if they are unable to obtain or retain a suitable job as a result of their disability without equalisation.
Legal basis: Section 2 (external link, opens in a new window) (3) in connection with Section 151 (external link, opens in a new window) (2), (3) and (4) SGB IX

In principle, equalisation gives you the same "status" as severely disabled people, except for

• additional holiday
• free transport on local public transport
• the special old-age pension

• Federal Employment Agency: Information on equality (overview)
• Federal Employment Agency: Information sheet: Application for equality
• Federal Employment Agency: Application for equality

The degree of disability (GdB) quantifies the severity of the disability in the case of disabled persons. It is determined by the Lower Saxony State Office for Social Affairs, Youth and Family, unless it has already been determined otherwise, e.g. by a pension assessment or by an administrative or court decision.

The GdB is applied to all health impairments regardless of their cause (final) and is given in grades of 10 from 20 to a maximum of 100.

The GdB refers to the impact of functional impairments on all areas of life, not just restrictions in working life. It is a measure of the physical, mental, emotional and social effects of a functional impairment due to a health impairment.

The Lower Saxony State Office for Social Affairs, Youth and Family uses the "Medical Care Principles" to determine disability. These contain general assessment rules and details on the level of GdB. However, this is only an orientation framework; the calculation of the GdB depends on the individual case.

You can find the "medical care principles" here. (external link, opens in a new window)

The actual limitation of performance due to the illness or disability is the main factor in determining the GdB. The assessment must be based on the clinical picture and the functional limitations in everyday life. The GdB of several illnesses are not added together. The effects of the individual functional impairments as a whole, taking into account their interrelationships, are decisive.

If the state of health of a severely disabled person deteriorates or if a new illness causes a further permanent impairment, an application for an increase in the GdB (subsequent application) can be submitted to the Lower Saxony State Office for Social Affairs, Youth and Family. It will then be checked whether a new severely disabled person's pass (external link, opens in a new window) will be issued, possibly with new characteristics (external link, opens in a new window). However, it should be noted that the GdB can also be reduced by the subsequent application. This should be considered before submitting a corresponding application.

In accordance with section 164 (2), (4) and (5) SGB IX, people with severe disabilities have a right vis-à-vis their employers to

• employment in which they can utilise and develop their skills and knowledge as fully as possible
• preferential consideration in in-house vocational training measures to promote their professional advancement
• facilitation of participation in external vocational training measures to a reasonable extent
• the disability-friendly furnishing and maintenance of workplaces, including plant, machinery and equipment, as well as the design of workplaces, the working environment, work organisation and working hours, with special consideration given to the risk of accidents
• equipping their workplace with the necessary technical work aids
• part-time work (if necessary due to disability)
• claim for compensation if the employer violates the prohibition of discrimination (in connection with the General Equal Treatment Act)

Disability compensation is a range of rights and assistance for people with disabilities. They are intended to compensate for the disadvantages and additional costs of a disability. Compensation for disadvantages must always be applied for.

• Lower Saxony State Office for Social Affairs, Youth and Family: Overview of compensation for disadvantages for people with disabilities
• REHADAT Lexicon: Compensation for disadvantages
• zoll.de: Tax concessions for severely disabled people
• EnableMe.de: Tax concessions for people with disabilities

You can find information on case law on the following pages:

• komsem.de: Current judgements on relevant topics for people with severe disabilities
• "REHADAT Recht" ("REHADAT Law") - Collection of decisions and laws on the occupational participation of people with disabilities or severe disabilities

Information on service agreements that apply at Ostfalia can be found here.