Disability Status in Germany: Raising GdB to 50, Using GdB 30 Protections, and What Evidence Matters
Decisions hinge on documented functional limits rather than diagnoses.
Overview
- New guides detail how to file a Neufeststellungsantrag to increase the Grade of Disability, emphasizing recent specialist reports, hospital and rehab records, and clear descriptions of everyday functional limits, with increased ratings generally effective from the application date.
- Key threshold clarified: GdB 50 confers severe-disability status with extra paid leave, dismissal protection via the Integrationsamt, higher tax allowances and potential access to the special old‑age pension for severely disabled people, while many mobility benefits still depend on specific Merkzeichen.
- For workers at GdB 30 or 40, Gleichstellung through the employment agency can secure dismissal protection and workplace supports without granting broader non‑work benefits; 2025 guidance also notes a €620 tax pauschbetrag at GdB 30 and access to job‑related aids and hiring preferences.
- A current explainer underscores that early retirement rules require at least GdB 50, whereas a GdB of 30 offers no direct pension advantage; separate routes like an earnings‑capacity pension depend solely on remaining work hours and warrant early consultation with the pension insurer.
- A recent Aachen case (S 18 SB 1001/16) illustrates that courts may set GdB at 40 for significant mental health impairments despite a treating therapist’s higher estimate, aligning with VersMedV bands and reinforcing the need for robust, current evidence and awareness that re‑evaluation can also lower benefits under §48 SGB X.