Verdict: Taxi costs instead of EM pension – a warning signal for those affected!

Verdict: Taxi costs instead of EM pension – a warning signal for those affected!

The topic of disability pensions (EM pensions) is once again being hotly debated, especially in connection with the so-called ability to travel. A significant ruling by the Federal Social Court (BSG) on December 12, 2011 has far-reaching consequences for applicants. It primarily affects those affected who are theoretically mobile but are still unable to travel to work or use public transport. Loud rentenbescheid24.de In such cases, fully covering taxi costs for interviews and the journey to work could be sufficient to overturn the entitlement to an EM pension.

The central finding of this decision is: Because of the sometimes severely limited ability to walk, many applicants are at great risk of losing their entitlement to an EM pension. In particular, those affected are advised to seek legal advice at an early stage in order to secure their claims. The decision is based on the principle of “rehab before pension”, which states that rehabilitation and mobility aids have priority over the granting of pension rights.

From necessity to virtue: mobility and mobility aids

Another case from Münster, which was decided before the social court on May 25, 2022, shows that the definition of full disability is not based solely on the ability to walk. Here a 46-year-old who suffered from massive pain in his legs was fighting for his European Championship pension. Despite the best reports certifying that he can carry out light physical work for at least six hours a day, the court found that his walking disability severely limits his access to the job market. Loud dgbrechtsschutz.de He was ultimately awarded a pension due to total incapacity.

These cases make it clear that the issue of roadworthiness is contentious and often depends on the circumstances of each individual case. While some courts only consider the ability to walk taking into account available aids and transport options, other decisions show that a significant difficulty walking can permanently block access to the labor market.

The legal framework

The legal framework for assessing roadworthiness is complex. The Nuremberg Social Court found that although there may be limitations in the ability to walk, a well-defined ability to walk is essential for entitlement to an EM pension. Insured persons must meet several requirements in order to be entitled to pension benefits, such as being able to cover daily distances of more than 500 meters in a certain amount of time. These requirements sometimes have to be weighed against one's own state of health, as can be seen from the judgments. This information comes from the comments of lexika.de.

Overall, it can be said that applicants who suffer from their inability to travel are well advised to secure legal support at an early stage in order to derive their entitlement to an EM pension. Current case law shows that the conditions must always be adapted to personal circumstances and the ability to travel is an essential part of the application process.