Concept and definition of walking and standing disabilities
Walking and standing disabilities are legally defined limitations of mobility, which in particular permanently or temporarily impair independent walking or standing. Under German law, these disabilities are assigned to numerous provisions in order to ensure social compensation and participation. The relevant definitions are primarily found in Book Nine of the Social Code (SGB IX), in the Ordinance on Medical Care (VersMedV) as well as in special legal rules such as road traffic law.
In the legal sense, a walking and standing disability exists if the affected person’s ability to walk or stand in public places is substantially impaired due to illness, the consequences of accidents, or congenital limitations. The degree of disability (GdB) according to § 2 (1) SGB IX plays a central role in this context.
Legal foundations
Social Code IX (SGB IX) – Rehabilitation and Participation
SGB IX forms the overarching legal basis for the recognition and equal treatment of people with disabilities in Germany. It sets out the requirements for determining disabilities and for providing compensation for disadvantages. The term “walking and standing disabilities” is specified in the context of benefit entitlements and the determination of characteristics for compensations for disadvantages, particularly for the sign “G” (§ 228 (1) SGB IX).
Ordinance on Medical Care (VersMedV)
The VersMedV and the Medical Care Principles it contains specify the legal requirements for determining the degree of disability. The assessment of walking and standing disabilities is based on the impact of the limitation on mobility in road traffic. The annex to § 2 VersMedV defines the criteria for the assignment of the signs “G,” “aG” (exceptional walking disability), and “B” (companion).
Determination and documentation
Degree of Disability (GdB)
To determine a walking and standing disability, the degree of disability is assessed in accordance with § 152 SGB IX in conjunction with the VersMedV. A GdB of at least 50 is considered as the threshold for classifying a person as severely disabled. For compensation such as the sign “G,” it is essential that mobility in road traffic is significantly impaired—regardless of the overall GdB.
Disability ID card signs
The following signs are granted in the German disability ID card, provided the requirements for a walking and standing disability are met:
- G: Significant impairment of mobility in road traffic
- aG: Exceptional walking disability
- B: Necessity of constant accompaniment
The assignment is made after individual assessment by the responsible authority (usually the pension office) and is tied to specific medical requirements.
Legal implications and compensation
Parking privileges
People with recognized walking and standing disabilities receive various parking privileges depending on the sign, as stipulated in § 46 (1) No. 11 StVO, which are included in the special permit:
- Parking privileges for exceptionally walking-disabled individuals (aG): Entitlement to a disabled parking permit (blue parking permit), which allows parking in disabled parking spaces and further exemptions from general stopping and parking prohibitions.
- Significant walking disability (G): Option to apply for the orange parking permit (“nationwide parking permit”), whose rights are, however, restricted.
Tax advantages and financial relief
Persons with walking and standing disabilities are granted financial relief in the form of tax reductions, such as the lump sum allowance provided by § 33b of the Income Tax Act (EStG) or discounts on motor vehicle tax under the Road Traffic Licensing Regulations (StVZO).
* Requirements: Proof of the sign in the disability ID card
* Scope: Tax reduction for extraordinary burdens, reduction or exemption from vehicle tax
Social law rights and participation
Determination of a walking and standing disability opens up entitlements to participation in working life and social participation (for example, cost coverage for mobility aids according to § 49 SGB IX) and the right to accessible design of public facilities (§ 4 Disability Equality Act).
Case law and administrative practice
German social courts have further specified the characteristic of significant or exceptional walking disability in several landmark decisions. The decisive factor is the ability to move in road traffic without substantial difficulty or danger. The impairment is not only assessed based on medical diagnoses, but primarily according to the impact on actual mobility (see BSG judgment of December 10, 2002 – B 9 SB 7/01 R).
A significant walking disability is present, among other situations, if the affected person cannot cover a distance of about two kilometers on foot within a reasonable time without significant breaks.
In practice, the pension administrations apply the requirements of the VersMedV and the current case law relevant to it during assessments.
Overview: Frequently Asked Questions (FAQ)
Who decides if a walking and standing disability is present?
The responsible authority (pension office) after application and medical assessment.
Are there deadlines for submitting applications?
Applications can be submitted at any time. The benefits and compensations apply from the month the application is received.
Can aids and devices be considered?
Yes, the degree of disability is determined taking into account aids, provided that these are used on a permanent basis.
Literature and further regulations
- Book Nine of the Social Code (SGB IX)
- Ordinance on Medical Care (VersMedV)
- Income Tax Act (EStG)
- Road Traffic Regulations (StVO)
- Disability Equality Act (BGG)
Summary
Walking and standing disabilities are comprehensively regulated by law and especially relate to social compensation schemes, mobility, and the social participation of persons with disabilities. The legal definition, the prerequisites for determination, and the related compensations for disadvantages are carefully differentiated in German law. For affected individuals, it is crucial to submit appropriate applications and provide the necessary documentation to exercise the rights and benefits to which they are entitled.
Frequently asked questions
What entitlements to compensations for disadvantages exist for walking and standing disabilities?
Persons with a walking and standing disability in Germany have, under certain conditions, a right to various compensations for disadvantages, which are legally governed by the Social Code (in particular SGB IX, SGB XII, and SGB V). These entitlements include, for example, tax relief (e.g., lump sums for income tax), free or discounted transport on public local transport (so-called signs “G,” “aG,” or “H” on the disability ID card), exemption from vehicle tax, as well as special parking permits (disabled parking spaces). In addition, there may also be entitlements to participation in working life, provision of aids, and housing adaptation measures, provided the legal prerequisites are met (such as an acknowledged degree of disability or a corresponding sign on the disability ID card).
What requirements must be met to be assigned a sign like “G” or “aG” in the disability ID card?
The requirements for being assigned a sign in the disability ID card are stipulated in Book Nine of the Social Code (SGB IX) and in the Ordinance on Medical Care (VersMedV). The sign “G” (significant impairment of mobility in road traffic) presupposes that the person is permanently significantly impaired, due to the walking and standing disability, in their ability to move in road traffic. In contrast, the sign “aG” (exceptional walking disability) requires a particularly severe impairment of the ability to walk, such that moving independently, even with aids, is only possible for the shortest distances, or only with the greatest effort. The decision is made by the responsible pension authority based on a medical opinion.
What rights exist regarding barrier-free workplace design?
According to the requirements of SGB IX and the General Equal Treatment Act (AGG), employers are legally obliged to design workplaces for persons with disabilities, especially those with walking and standing disabilities, to be barrier-free. This includes structural alterations to remove physical barriers, the provision of aids, and, if necessary, the adaptation of work processes. Recognized persons with walking and standing disabilities have a legally binding right to the necessary and reasonable accommodations, provided these are necessary for carrying out the job and do not constitute an unreasonable burden for the employer.
What entitlement to provision of aids exists in the case of a walking and standing disability?
Persons with walking and standing disabilities are entitled under § 33 SGB V and § 31 SGB IX to be supplied with the necessary aids. This entitlement applies to aids required to compensate for the disability (e.g., wheelchairs, walking aids), to prevent impending disability, or to facilitate care. The costs for medically necessary aids are usually borne by statutory health insurance or, where applicable, by the provider of integration assistance once the doctor’s prescription is available and a review of cost-efficiency, appropriateness, and necessity has taken place.
What rights exist in using public transport?
Persons with recognized walking and standing disabilities and the corresponding signs in their disability ID card are entitled under § 145 SGB IX to free or discounted transportation on public local transport. This is governed by so-called value stamps, which can be applied for at the pension office. With the signs “G” or “aG,” there is also a right to accessible means of transport. Operators of public transport services are obligated by the Disability Equality Act (BGG) and the Passenger Transportation Act (PBefG) to provide accessibility to the greatest possible extent.
What tax benefits are provided for people with walking and standing disabilities?
According to § 33b EStG (Income Tax Act) and the relevant ordinances, people with walking and standing disabilities can claim tax benefits. In particular, there is an entitlement to a disability allowance, the amount of which depends on the degree of disability. Holding a sign “G,” “aG,” or “H” in the disability ID card can also entitle individuals to further benefits, such as vehicle tax privileges (exemption or reduction under § 3a KraftStG) or consideration of extraordinary burdens (e.g., travel costs to necessary medical appointments).
How can an appeal be lodged against the rejection of statutory benefits due to a walking and standing disability?
If benefits (e.g., signs, aids, compensations for disadvantages) are refused by a responsible authority due to a walking and standing disability, affected persons have the right to file an appeal against the decision. The deadline for this is usually one month from receipt of the notice. The appeal must be submitted in writing and with reasons; where applicable, additional medical documentation should be included. If the appeal is unsuccessful, legal action may be brought before the competent social court. All remedies are governed by the provisions of the Social Code, in particular SGB X and SGG (Social Court Act).
