New assessment application according to the severely disabled person law (SGB IX)
An application for a new assessment according to the law on severely disabled persons (SGB IX) , also known as an aggravation application, is an application that people with a recognized disability can submit. The review of the originally issued notification of the given disability is also possible ex officio . This can be initiated after the so-called healing test has expired, ie if there are impairments such as cancer , which can improve.
purpose
With the help of the application, a new determination of a certified degree of disability should be obtained.
Legal basis
The legal basis for a new assessment application is § 152 SGB IX .
requirement
The severely handicapped right grants people with disabilities in the Federal Republic of Germany a compensation for disadvantages in daily life . In order to be able to claim compensation for the disadvantage, the degree of the present disability must be determined. Once this has been done, the applicant will be sent a corresponding notification .
If the restrictions due to the recorded disability increase over a period of at least six months or new impairments are added to the existing restrictions, those affected have the opportunity to submit an application for a change, the new assessment application according to the severely handicapped law (SGB IX).
Jurisdiction
The application for a new assessment must be submitted to the responsible pension office .
Possibility of anger
The application leads to the fact that the degree of disability is determined again. This can result in both an increase and a decrease in the previously recognized degree of disability.
Unlike the review request a is at Neufeststellungsantrag after Schwerbehindertenrecht (SGB IX) vilification possible.
Judgments
- BSG December 2, 2010 - B 9 SB 2/10 B , accessed on January 14, 2020.
- BSG October 6, 2011 - B 9 SB 23/11 B , accessed on January 14, 2020.
Web links
- Aggravation application: You have to pay attention to this BEFORE , in: sovd-sh.de , accessed on January 14, 2020.
- The path to a higher degree of disability , in: vdk.de , accessed on January 14, 2020.
- Change of the notification and the severely handicapped ID , in: hamburg.de , accessed on January 14, 2020.
Individual evidence
- ↑ New determination of a severe disability , accessed on January 14, 2020.
- ↑ § 152 - Ninth Book of the Social Code (SGB IX ) , accessed on January 14, 2020.
- ↑ Amendment, II. Information on the health disorders / explanations , accessed on January 14, 2020.