Illness, numerous ops and Reha, disability looms

22 posts in this topic

Hi all, at the beginning of this year I had to go into hospital for pain management due to back problem. Afterwards 3 weeks Reha. A week after that I was back in hospital again for a total hip replacement, and yet again Reha, plus I did 2 months of physio at another reha center. Ive been told that after the 1st time in hospital I would be classed as 30% disabled. The problem is, things have not gone well and Im still in a lot of pain,(0p wasn't straight forward one) its got to the point now that I find it extremely hard to work. I work in a Kindergarden on the 2nd floor, kids are 3 years to 6. Im taking pain killers like its going out of fashion, Im off to see my Orth. doc next Monday as I am so cheesed off being in pain all the time. Now my question is, if crunch comes to crunch and I must give up my job, how do I go around this situation, boss wise to being unemployed. The last thing I need is no money coming in as I support myself and my hubby. ( who is ill himself, but had no income due the job center saying I earned enough for 2. If I was home in England I know how the system works, but here is another kettle of fish and I don't want to go about this the wrong way without knowing some facts. So if there is anyone out there that can give advice or how to go about this I would be grateful.

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please don't consider me to be a wise-ass right now...I have all the sympathy you can expect for your bad situation. But me and some other professionals are going aorund constantly telling people that exactly for cases like yours everyone ought to have an occupational disability insurance which would pay out a pension per month now in a case like yours.

The German gov. does not provide much of a cover for all born after 1961 unless you turn out to be "Erwerbsunfähig" which by the sound of it you are clearly not-.

Of course for you this info is now way too late - but if you ever had contact with a truly independent broker and he/she did not bring this topic up, you might have a liablity case here for malpractice...

 

Sorry and good luck

Cheerio

I am a professional independent insurance broker, financial adviser, and authorised advertiser. Contact me.
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Starshollow, while your correct that everyone should have proper disability insurance almost nobody takes it, and it's not just in Germany in Canada self employed people are encouraged to take out disability insurance but almost nobody does and the reason is money. When you're young you think you'll live forever, when you're older it's expensive and it then becomes a choice of disability insurance or saving for your retirement. For my wife and I we looked seriously at disability and all the other insurances that one needs and decided in spite of a good income that we had either a choice of paying the rent and saving for retirement (mere 12 years away) or buying all the insurance one needs and retiring on a tiny German pension.

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Starshollow, while your correct that everyone should have proper disability insurance almost nobody takes it, and it's not just in Germany in Canada self employed people are encouraged to take out disability insurance but almost nobody does and the reason is money.

 

Well. If no one takes it then they have only them self to blame..

 

If Starshollow didnt mention it or try to sell it, then he wouldnt be doing his job..

 

This si the second time that you have pulled up Starshollow .... Whats your problem?

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Well. If no one takes it then they have only them self to blame..

 

The problem is that we have a choice, pay off the mortgage and save and have a decent retirement or put all our money into insurance an retire on a tiny government pension but not both. So what choice would you make?

 

I also have no problem with starshollow or anyone else being upfront about what kinds of insurance one should have, that's his job and he's quite good at it.

 

Edit: written unlike spoken it's hard to get the tone right, what comes across as reasonable disagreement when talking can sound downright rude when put to "pen and paper". I have a lot of respect for what starshollows offers us on TT, his posts are very informative but I don't have to agree with all of his points.

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Me???

 

I dont have a mortgage... i own my place..

 

I have the next few years to save enough to live on ( pension) or I sell the Farm and buy another place that is more affordable..

 

I have had 2 consultations with Starshollow, and I have to say that my fortune can be attributed to his extreme efficiency and his knowledge!

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Telling her that she should have had insurance doesn't really help her in her situation. Besides, even if she had thought of it beforehand, trying to support a sick husband on those wages, she probably couldn't afford the insurance anyway.

 

Btw, I have looked into such insurance myself. With the price of it and the amount I make, I decided against it. I figure my luck, if something happens to me, it'll probably be one of the things excluded in the small print anyway.

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Are you officially classed as a disabled person? If not apply for a disability pass straight away.

 

Die Zuständigkeit für den Antrag auf Feststellung der Schwerbehinderung ist in den einzelnen Bundesländern unterschiedlich geregelt. Zuständig ist etwa das Versorgungsamt, das Amt für soziale Angelegenheiten, das Amt für Familie und Soziales oder das Amt für Versorgung

Antrag auf Schwerbehinderung beim Versorgungsamt

Die Schwerbehinderung wird nur auf Antrag festgestellt. Auch die Feststellung eines höheren Grades der Behinderung erfolgt nur auf Antrag. Der Antrag kann einmal bei der zuständigen Behörde oder auch bei jedem Sozialleistungsträger, also einem gesetzlichen Rentenversicherungsträger, der Arbeitsagentur oder der gesetzlichen Krankenkasse gestellt werden. Auch alle Gemeindeverwaltungen müssen den Antrag auf Feststellung einer Schwerbehinderung entgegennehmen.

Der Antrag erfordert keine besondere Form. Die Versorgungsämter stellen allerdings Antragsformulare zur Verfügung. Auf dieses Antragsformular muss jedoch nicht zurückgegriffen werden; es beschleunigt jedoch das Feststellungsverfahren.

 

http://www.sozialhilfe24.de/schwerbehinderung/antrag-versorgungsamt.html

 

A disability pass will give you certain rights such as a parking permit and it will be difficult for an employer to dismiss you because of your illness. If you do have to give up your present position and are considered fit for some kind of other work, you may be able to get advice and financial assistance regarding a different job (go on a training course) from the Job Center.

 

Behinderte Menschen im Beruf

Kündigungsschutz

Der besondere Kündigungsschutz nach den §§ 85–92 SGB IX ist ein Kernstück des Schwerbehindertenrechts (Teil 2 SGB IX).

 

Den besonderen Kündigungsschutz nach § 85 SGB IX genießt ein Arbeitnehmer nur, wenn es sich bei ihm um einen schwerbehinderten Menschen nach §2 Abs. 2 SGB IX handelt. Danach sind Menschen schwerbehindert, wenn bei ihnen ein Grad der Behinderung von wenigstens 50 vorliegt. Den besonderen Kündigungsschutz genießen daneben auch Menschen mit einem Grad der Behinderung von mindestens 30, die nach § 2 Abs. 3 SGB IX einem schwerbehinderten Menschen von der Agentur für Arbeit gleichgestellt wurden.

 

http://www.integrationsaemter.de/Fachlexikon/Kuendigungsschutz/77c426i1p/index.html

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How about you post that in English as the forum T+Cs ask of us?

 

I doubt a parking pass will help much...

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A disability pass will give you certain rights such as a parking permit...

 

You only get a parking permit if you are blind (for your driver of course) or if you are unable to walk more than 100 meters without assistance. The disability pass has to be marked with G for Gehbehindert. It does not sound like the OP is disabled enough to qualify for G status. It's reserved for wheelchair users and others that actually need to park in the limited number of disabled parking spots.

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You only get a parking permit if you are blind (for your driver of course) or if you are unable to walk more than 100 meters without assistance. The disability pass has to be marked with G for Gehbehindert. It does not sound like the OP is disabled enough to qualify for G status. It's reserved for wheelchair users and others that actually need to park in the limited number of disabled parking spots.

She might very well get the G as this does not stand for Gehbehindert (that would be aG and is indeed reserved for people that cannot walk or only very, very little), but for "erhebliche Beinträchtigung der Bewegungsfähigkeit im Straßenverkehr"(significant impairment in street traffic). If she qualifies for that I don't know, but if you have the G and at least 70% disability you can receive an orange permit that lets you park up to three hours in no parking zones, loading zones, permit zones without having to pay and the Fußgängerzone. As opposed to the blue parking permit that allows for parking in the reserved spots for the disabled.

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Correction: I just remebered you need the B (for Begleitung) as well to get the orange pass. Very unlikely that the OP will get that. So just a bunch of useless info from me. Sorry!

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Starshollow, while your correct that everyone should have proper disability insurance almost nobody takes it, and it's not just in Germany in Canada self employed people are encouraged to take out disability insurance but almost nobody does and the reason is money. When you're young you think you'll live forever, when you're older it's expensive and it then becomes a choice of disability insurance or saving for your retirement. For my wife and I we looked seriously at disability and all the other insurances that one needs and decided in spite of a good income that we had either a choice of paying the rent and saving for retirement (mere 12 years away) or buying all the insurance one needs and retiring on a tiny German pension.

 

The cost issue is a serious one and I can understand that, THM. And unfortunately - but quite logically from the insurance mathematics and logic - the insurance is the more expensive for those who need it most, i.e. a mechanic or building contractor etc.

 

However, the easiest way to approach it from accepting the costs of it is this: just take your current income times the years to plan or have to work til retirement. For sake of the argument, forget about increase due to inflation and/or salary raise. For an average 35 year old with say 4.000 EUR gross salary, we are talking about a cash value of the ability to work and generate income of 1.5 million EUR (based on legal pension age of 67). That means, if something critical happens to you tomorrow which makes you lose your ability to work and generate said income, this is the total loss you face. If you own a house, cars and jewelllery worth that much: would you insure it against theft and destruction? Of course you would...

There are also ways and means to reduce the insurance costs - I have advocated those for years and finally even the conservative Finanztest has sided with my opinion on this issue: while you should ideally have a coverage of 70% of your current gross income all the way til you reach age 67 - few people can afford it. And those who can, don't want to. If a client is made aware of the gap in his coverage fair and square but still want or needs to reduce the insurance premiums in order make ends meet, here is what you can do:

1) leave the "rule of the thumb" to set up coverage for 70% of your gross income and write down the numbers for what you definitly need to pay for in order to financially survice or not to be a total burden for the family. The higher the actual gross income is, the lower as a percentage of the total gross income is what you actually need to cover in my experience.

2) while it might be ideal to cover you til age 67, the insurance costs explode right from the beginning if and when your contract goes far over the age of 60. Therefore look at your family situation (little ones, new mortgage for your home etc) and then just cover the most critical years during which you or the family would suffer the most if you fall out as (main) source of income. If that means you'll only sign up for the insurance til age 55, well, fair enough, it is better to have at least coverage until then than no coverage at all. if we can't do what is ideal, lets aim for the do-able at least.

 

And if you need to do something for pension planning anyway, you can recuperate some of the costs for the BU at least thru tax refunds if you couple it with a RÜRUP pension plan.

 

 

Telling her that she should have had insurance doesn't really help her in her situation. Besides, even if she had thought of it beforehand, trying to support a sick husband on those wages, she probably couldn't afford the insurance anyway.

 

Btw, I have looked into such insurance myself. With the price of it and the amount I make, I decided against it. I figure my luck, if something happens to me, it'll probably be one of the things excluded in the small print anyway.

 

I really did not want to twist the knife for her...what I was trying to hint at is this: if she was in recent years in contact with an independent broker and he/she did not recommend strongly such an insurance, the broker would have made a mistake and could be held liable by her if all else fails. Therefore she should check if she got financial advice and by whom, too.

 

Cheerio

I am a professional independent insurance broker, financial adviser, and authorised advertiser. Contact me.
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Sorry if I have broken any rules, I just copied and pasted the text concerning the disability laws here in Germany and assumed that everybody would be able to understand it. I only joined this forum a few months ago.

 

If anyone thinks they may qualify for a disabilty pass apply for one now. A disability pass is not only for those who have no arms or legs or who are blind. If you have had a big operation or a serious illness and cannot give 100% in your job because of this you may be entiltled to a disability pass. You must apply for a disability pass and each case is considered invidually. There are different organisations to apply to according to the Federal State you live in (see my statement above) but you can also apply via your health insurance company. (AOK,KKH etc) or the Rentenversicherung.

 

You can also get a disability pass if you are only 30% or 50% disabled.

 

Some advantages of having a disability pass.

 

If you are employed and the company must decide who will be made redundant, people who have a disabilty pass are at the bottom of the list because they may find it more difficult than most to find another job. This is known as Kündigungsschutz.

 

If you are considered to be at least 50% disabled and are in full employment you can get an extra 5 days annual holiday as well.

 

If you were born in a certain year you may be able to retire at 60 years of age.

 

http://www.sozialhilfe24.de/schwerbehinderung/verguenstigungen-fuer-schwerbehinderte.html

 

If this topic is of interest to a lot of people I could open a new thread with translations of the German text when I have the time.

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Those things are all true but remember a company does not have to hire you if you have a disability. There are no quotas. And if they know you are disabled, they are less likely to hire you because then it becomes nearly impossible to get rid of you. Some companies are enlightened and want disabled folks, especially in high tech but for other jobs it could be much more difficult. And being a foreigner on top of that and your chances get even slimmer. And I believe you have to disclose your disability percent upon being hired... So if you have a job then perhaps it is OK but if you are looking for one it might be better not to apply for it just yet.

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You can also get a disability pass if you are only 30% or 50% disabled.

 

Some advantages of having a disability pass.

 

If you are employed and the company must decide who will be made redundant, people who have a disabilty pass are at the bottom of the list because they may find it more difficult than most to find another job. This is known as Kündigungsschutz.

 

If you are considered to be at least 50% disabled and are in full employment you can get an extra 5 days annual holiday as well.

 

If you were born in a certain year you may be able to retire at 60 years of age.

My husband had all of this after his heart attack some years ago. Lo and behold, he managed to get healthier and they took it all away. Such is life. It was nice while it lasted, though.

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@Rhody: Why did you write there are no quotas? This is not true, in Germany there are legally defined quotas regarding the number of disabled people a company must employ.

 

If a company employs an average of 20 or more people in one year, they are obliged by law to employ a certain per cent of disabled people. If the company does not comply with this quota they have to pay an "Ausgleichsabgabe" to the Job Center.

 

The deadline for informing the Job Center is 31.03 each year. This is taken very seriously, failure to do so or not meeting the deadline results in a fine.

 

http://www.arbeitsagentur.de/nn_172054/Dienststellen/RD-RPS/Koblenz/AA/05-Presse/02-Presseinformationen/2011/10-2013-Schwerbehindertenabgabe.html

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Yes, there are "quotas" but they are essentially useless as any employer can pay an equalization levy otherwise known as a fine. This makes quotas a joke because most companies just pay it as a cost of doing business. I am surprised why you think a quota is a quota if you can buy your way out of it.

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