If a person’s health condition deteriorates significantly over time, the previous assessment notice is often no longer sufficient to reflect the actual impairments experienced in daily life. In such cases, German disability law under SGB IX provides the option of a reassessment. A so-called “aggravation application” aims to secure a higher degree of disability (GdB) or additional disability codes. However, since the benefits office reviews the entire case in this process, careful preparation is crucial.
What is a motion to aggravate the charges?
From a legal standpoint, a “motion for reassessment due to worsening condition” is a motion for reassessment under Section 152 of SGB IX. It is filed when new health issues have arisen or existing conditions have significantly worsened since an initial application was submitted.
The purpose of the application is to have the agency reassess the current situation. If a disability is recognized with a GdB of at least 50, the person receives official severely disabled status. This is accompanied by the issuance of a green or green-orange severely disabled person’s ID card, which serves as proof of various rights.
When it makes sense to file a motion for reconsideration
An application for a reassessment is advisable if the deterioration in health is expected to last longer than six months. Short-term illnesses or acute injuries that heal completely do not justify a reassessment.
Difference between an initial application, an amendment, and a reassessment
- Initial application: The initial determination of a disability.
- Motion to Amend/Revision: The review of an existing decision due to changed circumstances.
- Motion to worsen the condition: A colloquial term for a reassessment.
Requirements for a motion to re-examine
For the determination process to have a chance of success, the physical, mental, or psychological impairments must measurably limit participation in society to a greater extent than before.
Health status and new health restrictions
What matters is not the diagnosis alone, but the functional impact of the conditions. If existing osteoarthritis is now causing a severe impairment of mobility or if a new chronic condition has developed, this should be specified in detail in the application. The authorities will determine whether the combined impact of these conditions justifies an increase in the GdB rating.
What documents are required for the application in the event of a deterioration
A carefully prepared application is the foundation for a successful approval. The benefits office usually makes its decision based on the documentation provided, so supporting documents are essential.
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Medical reports and findings
Please submit up-to-date medical records, which should preferably be no more than two years old. These include:
- Detailed reports from the treating physicians.
- Hospital discharge summaries and surgical reports.
- Medical reports from specialists (e.g., cardiologists, neurologists).
- A list of current medications and treatments.
Submit an application: Online or by mail
In modern public administration, there are many ways to achieve a goal. Most federal states now offer a convenient online application process through their respective social services portals.
Application form from the Social Security Office
Alternatively, you can request the application form by mail or download it from the agency’s website. If you submit the application by mail, please make sure that all information is legible.
Important: Don’t forget to include the consent form releasing the doctors from their duty of confidentiality so that the office can obtain information from them. If a new photo is required for the ID card (e.g., upon qualifying for severely disabled status), this should be included.
Procedure for the Determination Process
Once the application has been received by mail or electronically, the review process begins. The agency contacts the medical professionals listed and requests their opinions.
Review by an expert
The medical examiners at the Social Security Office assess health conditions based on the “Principles of Medical Care.”
Important to know: The individual GdB values are not simply added together. Instead, the impact of the various impairments on one another is assessed to determine an overall GdB. This process typically takes between three and six months.
What benefits a higher GdB can offer
A higher disability rating is not an end in itself, but is intended to compensate for disadvantages resulting from a disability. Individuals with a disability rating of 50 or higher are entitled to extensive rights.
Compensation for Disadvantages and Disability ID Card
The most important features and benefits include:
- Protection against dismissal: Making it more difficult for employers to terminate employment.
- Additional vacation: Typically five additional vacation days per year.
- Tax benefits: Higher standard deductions from the IRS.
- Early retirement: The option for people with severe disabilities to begin receiving their old-age pension before reaching retirement age.
- Disability symbols: These symbols (e.g., “G” for mobility impairment or “B” for a companion) entitle holders to discounts on local public transportation and parking, among other benefits.
Risks of a motion to re-examine
Many people underestimate the fact that a reassessment involves a complete re-examination of the case. The agency not only looks at any worsening of the condition but also checks whether other conditions have improved.
Reduction of the GdB rating and loss of severely disabled status
Under certain circumstances, the process may result in a reduction of the GdB rating. This typically occurs when, following a “probationary period for recovery” (e.g., after cancer treatment), the patient’s condition has stabilized. Losing severely disabled status can have serious consequences, particularly shortly before retirement. It is strongly recommended to seek expert advice in advance.
Case Study: The Process of Reassessment
Mr. M. has had a disability rating of 30% for the past five years due to back problems. He has now developed a chronic heart condition that severely limits his daily activities. He consults with his cardiologist, who confirms that his condition has worsened. Mr. M. fills out the form for the aggravation application, attaches the new cardiology reports, and sends everything to the mailing address of his local agency. After four months, he receives a new determination notice with a GdB of 50 and the G designation. Are you interested in basal stimulation in nursing care? Then click here!
What should you do if your application is rejected?
Not every application leads immediately to the desired result. If the decision does not meet your expectations, you have legal recourse.
Appeal against the declaratory decision
An appeal may be filed in writing within one month of the decision being issued. It is advisable to first file the appeal “for the record” or simply by mail to meet the deadline, and to submit a statement of reasons after reviewing the case file.
Lawsuit in Social Security Court
If the appeal is unsuccessful, a decision on the appeal will be issued. An action may be brought against this decision with the competent social court within a further month. Proceedings before the social court are generally free of court costs for insured persons and people with disabilities.
Counseling and support for those affected
You don't have to go through this alone. There are many places where you can turn to for information and legal assistance:
- Social welfare organizations: Organizations such as the VdK or the SoVD provide their members with comprehensive advice and often represent them in appeals or legal proceedings.
- Unions: Here, too, employees often find assistance through the representative for employees with severe disabilities.
- Independent Participation Counseling (EUTB): This service offers free counseling for people with disabilities and their families.
Before submitting the application for a reassessment, you should always consult with your treating physicians. Their professional assessment is the most important factor in determining the success of your application.
