Overview
- A 73-year-old man who can only open his eyes manually was initially given a severe disability rating and some markers but was denied the 'H' mark for being 'hilflos' by the local authority.
- A lower court in Augsburg upheld the authority's decision after finding measurable visual acuity when the man's eyes were manually opened and no proven need for continuous help.
- The Bavarian Social Court reversed that view and ordered the authority to record the 'H' mark retroactively from June 2021 on the ground that functional losses can constitute a high-grade visual impairment.
- The court based its decision on the man's severe blepharospasm, noting that intact eyes do not matter if the patient cannot keep them open and thus cannot use vision in daily life.
- The ruling is not final because the Bavarian court allowed a revision to the Federal Social Court, so national-level clarification on applying 'H' for functionally equivalent vision loss is still pending.