Disability pension

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The disability pension is in Austria an insurance benefit for insured the Social Insurance Authority for Business (SVA) and the Social Insurance Institution of farmers (SVB), which no longer can practice regardless of their age, health restrictions due to their acquisition. It is regulated in the Commercial Social Insurance Act (GSVG) and the Farmers Social Insurance Act (BSVG) . The corresponding counterpart for dependent employees is the disability or occupational disability pension .

requirements

The eligibility requirements for the disability pension are:

  • Fulfillment of a minimum insurance period (waiting period),
  • no entitlement to rehabilitation measures, or these are not appropriate or reasonable,
  • no entitlement to an old-age pension,
  • the incapacity for work is expected to last at least six months.

Disability

Both groups of insured have in common that the concept of disability is defined differently depending on the age of the insured. The principle applies that younger insured persons must have more health restrictions than older ones in order to be considered incapable of work.

SVA insured

The following rules apply to SVA insured persons ( Section 133 GSVG):

  • In contrast to blue-collar workers or salaried employees, insured persons under 50 years of age do not enjoy any professional protection with the disability pension. You must be referred to any paid job on the labor market that is still medically possible. Example: This means that a 45-year-old self-employed master painter is not considered to be unable to work if, for medical reasons, he could still work as an office assistant, even if only part-time. Since there are no restrictions on the remuneration for referral activity, this also applies if only one activity is possible that is paid under the compensatory supplement reference rate.
  • On the other hand, insured persons over 50 years of age are unable to work if certain conditions are met, even if, for medical reasons, they are no longer able to carry out lighter self-employed activities in their sector. Example: A 55-year-old self-employed master painter would no longer have to be referred to an employed activity as an office assistant.
  • If certain requirements are met, insured persons over the age of 60 are also unable to work if they are simply no longer able to carry out their previous self-employed activity. However, the possibility of reasonable personnel or organizational changes in the company must be taken into account.

SVB insured

For farmers, only slightly different rules apply to the concept of disability ( § 124 BSVG):

  • The same applies to those under the age of 50 as to those with SVA insurance. So you have to be referred to any medically possible activity that is still paid on the labor market.
  • Insured persons over 50 years of age are also considered to be unable to work if certain requirements are met if they can only carry out activities with the lowest requirement profile that are still rated on the labor market and it is to be expected that a job will be at a distance corresponding to the physical and mental impairment their place of residence cannot be obtained within one year.
  • Under certain conditions, people over the age of 60 are also unable to work if they are simply no longer able to carry out their previous job.

Rehabilitation before retirement

An insured person who is considered to be incapable of work and who fulfills all other requirements, but whose incapacity can be remedied through reasonable and appropriate occupational rehabilitation measures, is not entitled to a disability pension. Rather, he is entitled to these measures and to a so-called transitional allowance for the duration of their implementation.
In addition, there is an entitlement to vocational rehabilitation and transition allowance if the incapacity for work is only imminent but has not yet occurred. This is to prevent their occurrence in advance. This shows the will of the legislature that vocational rehabilitation should take precedence over the disability pension.

Time limit

A disability pension that has been granted is generally limited to a maximum of two years ( Section 133b GSVG and Section 124b BSVG), so it must be extended again in each case. If, however, based on the state of health, it can be assumed that the restrictions are permanent, they must be granted permanently.

Procedure

The disability pension can be applied for from the respective insurance company. This is usually followed by a medical assessment of the insured person. The carrier then issues a decision based on this.
If the insured does not agree with the decision of the insurance company, he can bring an action at the competent labor and social court. This then carries out a new procedure, which means that there is usually a renewed assessment by judicial experts who are independent of the insurance carrier (Section 87 (5 ) ASGG). In the first instance, legal proceedings are generally free of charge for the insured person and there is no legal requirement.

Individual evidence

  1. ↑ a b SVA: The disability pension. (PDF) Retrieved October 5, 2019 .
  2. ^ OGH of September 12, 2013, 10 ObS 117 / 13y.
  3. ^ SVB: Sickness pension - disability pension. Retrieved October 6, 2019 .
  4. ↑ Federal Ministry of Labor, Social Affairs and Consumer Protection: Ministerial Draft . November 2, 2010, p. 4th f . ( parlament.gv.at [PDF; accessed on October 6, 2019]).

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