Authorities

Severely disabled ID card

In order to have a severe disability officially recognized, the affected party must be subjected to a determination process. During the course of this, the "degree of disability" is officially determined. For this, an application is required with the responsible social security office or a responsible authority under state law.  If the determined degree of disability is more than 50, the applicant is deemed as seriously disabled and receives a seriously disabled ID card.

The basis for this is the Serious Disability Pass Regulation (SchwbAwV).

This ID card is valid as evidence that compensation is being claimed for disadvantages, which an disabled person is legally entitled to (constitutional law for the Federal Republic of Germany, Article 3 Paragraph 3 Sentence 2).  There are numerous types of compensation for disadvantages. For example, special dismissal protection, claims to additional leave, tax benefits or price reductions in many leisure and cultural facilities, are worth mentioning.

In addition to the degree of disability and the possible expiration of validity, if applicable, additional health characteristics are shown on the seriously disabled pass in the form of Markers.

aG severe walking impairment
H helpless within the meaning of the income tax act
Bl blind
Gl deaf
RF exemption from the radio and television fee obligation, social tariff with T-Home
1.Kl. Provides authorization to use the first class of Deutsche Bahn with a ticket for second class or within the personal route directory (only for pension recipients under the Federal Law on War Pensions or the Federal Indemnification Law)
B authorization to take along an accompanying person for the use of public transport
G significant impairment of the ability to move in road traffic

The examination of whether the further health requirements exist for assessing the degree of disability for the determination of compensation for disadvantages has been governed by the Research-Based Medicine Regulation since 1 January 2009.

This is legally prescribed and legally binding for administrations and courts.

Applying for seriously disabled ID card

First of all: as a seriously disabled person, one must be able to have a seriously disabled pass.

The seriously disabled pass can absolutely also have disadvantages, e.g. with applications for a job. For seriously disabled persons, a special termination right applies and some employers shy away from hiring seriously disabled persons.

For this, is one should identify the pros and cons. Even without ID card, an entitlement exists to compensation for a certain number of disadvantages.

The application is made to the responsible social security office. Initially, an informal letter is sufficient. The social security office then sends out the necessary forms. Many authorities also offer these applications on their websites for downloading. It is also advisable to use the right forms straight away. Together with the application, relevant medical documents and certificates must also be submitted, which show the type and degree of the disability. In the most favorable case, the social security office can determine the degree of disability with this and the classification notice and disabled ID card will be sent out.

If the classification cannot be performed on the basis of the submitted documents, the social security office will request additional certificates or send an expert via the medical service. The expert will then get an idea of the type and seriousness of the existing disability and will then determine the classification and code.

Appeal against the classification notice

An appeal can be filed against the classification within a specific time limit (usually one month). For this, an informal letter to the social security office is sufficient, that should preferably take place by registered letter with a certificate of receipt due to the expired time limit.

Sample letter for the appeal against the classification notice

The appeal letter should not contain further details because the basis of the social security office's assessment is not usually stated in the classification notice.

The reasons are only known after receipt of the relevant documents/file inspection. First of all, it must be checked whether all of the submitted findings and certificates have been taken into account. The appeal can subsequently be formulated. For this, it is important to describe the very individual consequences and impairments of the disability.

As the social security office may possibly request another opinion from the attending physician, it is meaningful to discuss the final appeal with him/her. It can also be helpful to view the attending physician's medical file. An informal letter is also initially sufficient for this.

Sample letter for requesting a copy of the medical file

Every patient has the right to inspect data that the physician has recorded about him/her.

Right to file inspection

Forms and applications

Berlin

Application for determination of the degree of disability, change, issuing of a pass

Addresses

Social security offices, addresses (nationwide)

Social security offices, responsibility by place of residence