Degree of disability
The degree of disability ( GdB ) is a term introduced in 1986 from the German law for severely disabled people . It is a measure of the degree of impairment caused by a disability . The term is used in the ninth book of the Social Security Code (SGB IX) - rehabilitation and participation of people with disabilities.
term
This term arose from the original designation "MdE - (degree of) reduction in earning capacity ", as it is still used today in the law of statutory accident insurance and in the law of social compensation ( Federal Pension Act and the laws referring to it, in particular the Civil Service Act , which Soldiers Supply Act and the Victims Compensation Act ). The different designation was introduced in 1986 in order to make it explicitly clear that not (isolated) a performance impairment in working life, but an impairment in all areas of life is taken into account.
The change in the term was justified by the federal government in the draft law for the SchwbG-AmendmentG as follows: “However, the misleading and hiring-inhibiting term 'reduced earning capacity' needs to be replaced. Contrary to the meaning of the word, this term does not mean anything about the performance of the disabled person at his workplace, but is a measure of the impairment of physical, mental or emotional functions with effects in various areas of life. It should therefore be replaced by the term 'degree of disability' while maintaining the criteria for assessment and classification, which are the same as in war victims law. "
The degree of disability starts at 20 and goes up to 100 in steps of ten. These are not percentages, as is often mistakenly assumed. The higher the value, the more extensive the impairments.
Severe disability
As a severely disabled all persons of disability of at least 50 degree of handicap, of the apply with a degree Versorgungsamt is detected or the Office of Social Affairs. If you have a degree of disability of at least GdB 30, you can, under certain conditions, be treated equally by the Employment Agency .
criteria
Since January 1, 2009, the provisions of the GdB have been based on the “Health Care Principles” in the Annex to Section 2 of the Health Care Ordinance (VersMedV).
Until December 31, 2008, the indications for the medical expert work in the social compensation law and according to the law on severely disabled persons (AHP) were decisive.
GdB and marks
In addition to the degree of disability, if the respective requirements are met, additional marks are entered in the severely handicapped ID card with which special impairments can be proven.
See also
- Lump sum for the disabled
- Inclusion - Companies that offer jobs under the same conditions, also for disabled people, can call themselves inclusion companies.
literature
- Stefanie Vogl: Social pension law: "Degree of damage consequences" now determines the pension entitlement. "Health care principles" replace "clues" - even when determining a degree of disability . In: SozSich . 2009, p. 353 .
- Manfred Benz: The determination of the total GdB (severely handicapped rights) and the total MdE (statutory accident insurance) . In: The social justice . 2009, p. 353 .
Web links
- The most important GdB-dependent rights and compensation for disadvantages
- 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 January 18, 2011 (full text).
- Health care principles for determining the GdB / GdS, from the Federal Ministry of Labor and Social Affairs
- VdK: Degree of disability (GdB) and degree of damage consequences (GdS) ( Memento from January 6, 2013 in the Internet Archive )
- Common mistakes in medical certificates (PDF)
- Judgments on the GdB in REHADAT
