Share:
Damaged pension only for health disorders of a violent act
In order to receive a State Damaged Pension, victims of an act of violence can only be credited for the damage to their health caused by the crime. Already existing health disorders are not included in the determination of the degree of damage consequences (GdS), the Landessozialgericht (LSG) of Baden-Württemberg in Stuttgart in a judgment on Thursday, November 23, 2017, ruling (Ref .: L 6 VG 4283/16 ). This could also apply to resurgent disorders.
Health disorders caused by acts of violence. (Image: BillionPhotos.com/fotolia.com) Victims of violence can receive a monthly disability pension under the Federal Care Act. The prerequisite for this is that the health problems last longer than six months and the GdS is at least 30.
However, the plaintiff did not fulfill these requirements in a decisive legal dispute, according to the LSG in its judgment of 9 November 2017. On New Year's Eve 2010, the plaintiff, who was 52 years old, had been attacked and robbed by two men when leaving a restaurant. He suffered bruising, a broken leg and injuries in the right knee joint. Later, a post-traumatic stress disorder developed with the onset of a depressive phase.
The perpetrators were sentenced to prison for robbery and assault.
The care office refused a damaged pension, since the health problems were not so serious. The required GdS will not be achieved.
Without success, the man pointed to the psychological consequences of the robbery.
However, the LSG found that the plaintiff had already suffered from a long-standing chronic depressive disorder prior to the crime. This health disorder should not be taken into account when determining the GdS. In the estimation of the expert, only a small other reason would have been enough to make the depressive disorder reappear. Since the depression should therefore not be taken into account, the plaintiff had not reached the required GdS for a damaged pension. fle / mwo