BSG: Right to a “AG” mark in Parkinson's is not excluded

BSG: Right to a “AG” mark in Parkinson's is not excluded

(jur). If they only have “negligible residual walking capacity”, they can claim the “aG” mark in their severely handicapped ID so that they can park in disabled parking spaces nationwide, ruled on Wednesday, March 16, 2016, the Federal Social Court (BSG) in Kassel (Az .: B 9 SB 1/15 R).

According to the applicable legal regulations, the aG mark is only issued if someone is able to move outside his motor vehicle continuously and not with outside help. This is generally suspected for paraplegic or double leg amputees. Disabled people with other diseases can, however, demand equality with paraplegics if they have significant walking problems.

This is exactly what the 61-year-old plaintiff from Braunschweig, who has Parkinson's disease, asked for. An expert had certified that 70 percent of the day he was "severely motor-impaired". The walking disorders unexpectedly occurred in different situations. The man didn't need a wheelchair, just a walking stick.

Because of his pronounced walking disorder, he applied to the State of Lower Saxony for the "aG" mark to be assigned to his severely disabled person's ID card.

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

In the specific case, the BSG now dismissed the complaint of the Parkinson patient. Despite the report, the Lower Saxony State Social Court did not find any "high degree of movement restriction" in the man. Therefore, he had no right to be given the “aG” mark.

But excluding severely disabled people with a neurological disease such as Parkinson's or multiple sclerosis from the “aG” mark is not permitted, according to the BSG. It is crucial to what extent there is only “negligible residual walking ability” among those affected. An indication of this is the constant use of a wheelchair. In this case, the claim to the "aG" mark may exist. People with Parkinson's would also be treated as paraplegics. fle / mwo

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