Disability compensation for the visually impaired still constitutionally compliant

However, the BSG calls on legislators to review obsolete regulations

(Jur). The Federal Social Court (BSG) considers the reimbursement rules for visual aids for visually impaired no longer up to date. According to a ruling issued on Friday, June 24, 2016, the regulations are "still in accordance with the constitution", but the Kassel judges urged the legislator to carry out a review (Ref .: B 3 KR 21/15 R). Thereafter, the reimbursement rules should not focus solely on the sword degree of visual impairment, but also on the achievable improvement.

The plaintiff achieved in the right eye only a visual acuity of five percent. On the left eye, 30 percent is achieved with glasses, and even 100 percent with a contact lens.

His health insurance company paid a contact lens for the left eye in 2009. When it was destroyed, the cash register refused to replace it. With the achievable full visual acuity in the left eye, the man no longer considered severely visually impaired. The 140 euros for the contact lens he must therefore pay from his own pocket.

The complaint was unsuccessful before the SPA. Despite considerable doubts, also in the scientific literature, the judges from Kassel rated the previous rules as "still in conformity with the constitution".

However, according to an old World Health Organization (WHO) classification from 1973, these rules solely addressed the severity of visual impairment. The WHO also changed this concept in 2010. The BSG therefore called on the legislator to examine whether the old concept still reflects today's understanding of disability compensation. The Kassel judges suggested that the health insurances should participate, at least in the case of socially weak visually impaired people. mwo / fle