Overview
- In two rulings on January 16, the Bundessozialgericht held that preserved walking in familiar settings does not preclude awarding the aG marker if real-world public mobility is severely limited.
- Case B 9 SB 8/21 R granted aG to a claimant with a global developmental disorder whose free walking is confined to school or home, with the impairment assessed as corresponding to GdB 80.
- Case B 9 SB 1/22 R recognized a significant mobility-related participation impairment for a claimant with progressive muscle wasting but remanded for clarification on whether the GdB 80 threshold is met.
- The aG and G markers govern access to transport concessions and tax relief, with Versorgungsmedizin-Verordnung criteria and GdB thresholds central to eligibility determinations.
- Separately, the Landessozialgericht Niedersachsen-Bremen reversed a Merkzeichen G award for an overweight retiree after experts found the limitation stemmed solely from weight, and it permitted revision to the Federal Social Court, leaving that legal question unresolved.