GdB Rules Reaffirmed: Court Curbs Agency Inaction, Benefits Turn on 50-Point Threshold

Overview

• Germany’s Baden-Württemberg Higher Social Court (case L 8 SB 2779) ordered a Versorgungsamt to reprocess a woman’s applications and assess up-to-date medical evidence, finding prolonged silence unlawful under the Social Code.
• A GdB of 50 defines severe disability for statutory purposes, enabling the Schwerbehindertenausweis and earlier retirement options under §236a SGB VI, while a GdB of 30 confers tax relief but no pension advantage.
• Equalization for workers with GdB 30 or 40 can secure job protections via the employment agency but does not create pension rights reserved for legally severely disabled persons.
• GdB and Merkzeichen apply nationwide after a move within Germany, yet long-term relocation to another EU country generally requires a separate national assessment; the EU Disability Card is slated for rollout by 2028 to ease short stays but will not transfer social-security entitlements.
• From 2026, many statutory health insurers are expected to streamline processes for members with GdB 50—such as easier qualification for the 1% cost cap when chronic-illness criteria are met, faster approvals for aids and rehab, and case management—though specifics vary by fund and medical indication.