Indications for the medical expert work in the social compensation law and according to the severely disabled law
The reference points for the medical expert work in the social compensation law and according to the severely handicapped right , abbreviated to AHP , were a catalog of assessment guidelines to ensure an even assessment of disabilities in the Federal Republic of Germany . The AHP had been drawn up by the Medical Advisory Board - Supply Medicine Section at the Federal Ministry of Health and updated in regular meetings. On January 1, 2009, the annex to Section 2 of the Health Care Ordinance (VersMedV) took over the function of the AHP.
content
The AHP defined the basis for drawing up reports on social compensation law and law for severely disabled persons ("anticipated expert reports "). This means that the specifications contained in the clues cannot be refuted in individual cases. An appraisal on the basis of the AHP could only be countered by asserting that it was not compatible with the generally recognized state of medical science, i.e. that it was out of date. In them were found
- general assessment criteria (e.g. the restriction is assessed, not the disease)
- Case group tables with the degree of disability (GdB)
- Conditions for the assignment of the marks 'G', 'aG', 'H', 'B', 'RF', 'Bl' and 'Gl'
- Special features for assessing children and adolescents
- Statements on the peculiarities of the 'severely handicapped law' and the 'social compensation law'
development
The first AHP were drawn up in 1920 for the uniform assessment of injured army members after the First World War ("Guidelines for the military medical assessment of the question of service damage or war damage in the most common psychological and nervous illnesses of army members"). Since then, their scope has been expanded and regularly revised; the last update was in 2004. In addition to new medical findings, changes to the legal basis and case law were incorporated into the revisions.
criticism
There was no legal basis for the AHP - in spite of the request of the case law. The legislature reacted to this with the reform of the compensation law in December 2007 and created a substantive legal basis with the newly added section 30 (17) BVG. The Federal Ministry of Labor and Social Affairs is then authorized to regulate the principles for the medical assessment of the consequences of damage and for determining the degree of the consequences of damage by means of statutory instruments. That has now happened ( Health Care Ordinance ). The AHP were generally applied despite the concerns in jurisprudence and literature.
Web links
- Earlier indications for the medical expert work in the social compensation law and according to the severely handicapped law (Part 2 SGB IX). (PDF; 5 MB) BMAS, accessed on September 23, 2017 .
- Ordinance for the implementation of Section 1 Paragraphs 1 and 3, Section 30 Paragraph 1 and Section 35 Paragraph 1 of the Federal Supply Act (VersMedV). Juris, accessed on September 23, 2017 (full text).
Individual evidence
- ↑ BSG: Judgment - B 9 SB 3/02 R. September 18, 2003, accessed on September 20, 2010 .
- ↑ Dierk F. Hollo, Marcus Schiltenwolf, Klaus Dieter Thomann: Compensation in social law: What is a leg worth? In: Deutsches Ärzteblatt . Volume 112, issue 12, March 20, 2015 ( online [accessed March 20, 2015]).
- ↑ BVerfG: Decision of March 6, 1995 - 1 BvR 60/95 . In: NJW . 1995, p. 3049 .
- ↑ BSG: Judgment - B 9 SB 3/02 R. September 18, 2003, accessed on September 20, 2010 .
- ^ Gerhard Igl , Felix Welti : Social law . 8th edition. Werner Verlag, Neuwied 2007, ISBN 978-3-8041-4196-4 (§ 73 Rn. 3 mwN).
