Judgment blindness claim also with processing disturbance of Sehreizen

LSG Munich: Specific visual impairment does not have to be present
Even a serious disturbance of attention and memory can lead to a claim to blind money. A specific visual disorder does not have to be proven, the Bayerische Landessozialgericht (LSG) in Munich ruled in a judgment published on Thursday, January 12, 2017, in the case of a woman suffering from severe Alzheimer's dementia (Ref .: L 15 BL 9/14 ). Because of fundamental importance, the LSG allowed the revision to the Federal Social Court (BSG) in Kassel.

Represented by her son, the woman had applied for Bavarian blind money and the recognition of the mark "Bl" for blind and severely visually impaired people. The son argued that his mother, as a result of her Alzheimer's dementia, was completely helpless, comatose and objectively physically and mentally unable to perceive or process anything worthwhile.

(Image: Peterchen / fotolia.com)

The ophthalmologist emphasized that visual acuity can not be tested, but blindness can not be proven. There is a "positive reaction to light".

The state of Bavaria rejected the request of the woman. There is no indication that a special damage to the visual structures is responsible for the lack of perception of visual stimuli. A complete failure of the perception of visual stimuli by the present brain changes can not be proven. The view that only a disturbance of consciousness can justify blindness is not tenable. Because then the blind money would have to be regarded as "unconsciousness money".

However, during the legal dispute, on 11 August 2015, the BSG decided in another case that a blind eye claim does not always have to be accompanied by a specific visual disorder (ref .: B 9 BL 1/14 R, JurAgentur notification of the sentencing day). The Kassel judges moved away from their previous case law.

There is no sufficient reason why people who are "only" blind, receive blind money, severely brain damaged people who can not process visual stimuli and in addition have other sensory limitations, but not. From the point of view of the principle of equal treatment alone, brain-damaged persons must be granted blindness benefits.

The LSG now followed this view in its judgment of 19 December 2016. Whether someone is "blind" and could claim blind money, depends on the lack of possibility of sensory perception and their processing. In the specific case, the proof of blindness was provided. It is true that the applicant's perception is not disturbed by damage to the sensory organs and the direction of the brain. But there is a visual processing disorder in the brain.

It is almost certain that the plaintiff's error is "that the signals of the various sensory modalities can not be identified, compared with previous memories, and can not be named," says the LSG. According to the new case law, the cancellation of the visual cognitive capacity is based on a general impairment such as a serious attention or memory disorder. The applicant is therefore entitled to blind money. fle / mwo