BSG claim to mark aG in Parkinson not excluded

(Jur). Also Parkinson's patients or people with multiple sclerosis can be "exceptionally handicapped". If they only have a "negligible residual mobility", they can claim the "aG" badge in their disability card so that they can park in disabled parking areas nationwide. On Wednesday, March 16, 2016, the Federal Social Court (BSG) in Kassel (Az .: B 9 SB 1/15 R).
According to current legislation, the aG mark will only be issued if someone is permanently and not able to move outside his motor vehicle with outside help. In paraplegic or double leg amputee disabled this is generally suspected. Disabled people with other illnesses may require paralysis with paraplegics in the case of considerable gait disturbances.

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This is what the 61-year-old plaintiff from Braunschweig, who suffers from Parkinson's disease, demanded. An appraiser had certified that he was 70% of the day "highly motor impaired". The walking disorders occurred unexpectedly in different situations. The man did not need a wheelchair, just a walking stick.

Because of his pronounced Gehstörung he applied to the state of Lower Saxony, the allocation of the mark "aG" in his certificate of severely disabled.

But the country refused. There is no "permanent disorder" as required by law.

In the specific case, the BSG now dismissed the lawsuit of the Parkinson's patient. Despite the expert's report, the Lower Saxony provincial Social Court did not find that the man had a "severe restriction of movement". Therefore, he has no claim to the granting of the mark "aG".

However, severely disabled persons with a neurological disease such as Parkinson's or multiple sclerosis in general are excluded from the "aG" mark is not allowed, according to the BSG. The decisive factor is the extent to which those affected only have a "negligible residual property". An indication of this is the constant use of a wheelchair. In this case, the claim to the mark "aG" could exist. Parkinson's patients should then be equated with paraplegics. fle / mwo