Handicapped people are entitled to a web design course

If severely handicapped people still have the chance to work, the Federal Employment Agency must also pay them a vocational training. This applies even if the jobseeker can control his computer only because of his disability and a training as a web designer is then possible, the Landessozialgericht (LSG) Rhineland-Palatinate in Mainz decided in a on Friday, 28. October 2016, announced judgment of the previous day (Az .: L 1 AL 52/15).

The 35-year-old plaintiff is suffering from the incurable so-called Duchenne muscular dystrophy. The hereditary disease leads to the demise of the muscle fibers. The plaintiff can neither walk nor stand and must be given supportive ventilation. He is severely handicapped to a degree of 100, the care level II was determined at him.

Image: Dan Race - fotolia

But even despite his illness, he did not want to give up and participate in working life. He was able to refer to a secondary school leaving certificate and to his long-time occupation with computers since 1999. At the Federal Employment Agency (BA), he therefore applied for participation in working life. He wants to complete a correspondence course to become a web designer. The BA should take over the costs in the amount of 2,900 euros.

However, the medical service of the BA found that the plaintiff could not perform sufficient work in the general job market. The authority therefore rejected the request.

But one reviewer came to a different conclusion. The severely disabled person is highly intelligent and very motivated and can be up to six hours working as a web designer from home. The plaintiff was able to "safely and quickly control the computer with his eyes".

The Social Court awarded the severely disabled person the cost of the distance learning course. Disabled people are entitled to support. Training should not only lead to dependent employment. It is quite possible that he also works as a self-employed person.

The BA appealed against this verdict. It is true that the plaintiff could carry out work of economic value. He does not work as fast as a non-disabled person. Ultimately, he could not perform the activity as a web designer for at least three hours under the usual conditions of the general job market, the authority said. In addition, training which only led to self-employment could not be promoted.

But even before the LSG got the disabled person right. The expert opinion found the "future potential performance in the general labor market". Web designers could also easily do their job from home. The plaintiff can control his computer sufficiently quickly only with the eyes, so that an economically utilizable activity is possible. fle