LSG Munich: There is no need for a specific visual disorder
A serious attention and memory disorder can lead to entitlement to blind benefit. A specific visual disorder does not have to be proven for this, the Bavarian State Social Court (LSG) in Munich decided in a judgment published on Thursday, January 12, 2017, in the case of a woman suffering from severe Alzheimer's dementia (file number: L 15 BL 9/14 ). Because of its fundamental importance, the LSG approved the revision to the Federal Social Court (BSG) in Kassel.
Represented by her son, the woman had applied for Bavarian blind benefit and the “Bl” mark for blind and severely visually impaired people. The son argued that due to her Alzheimer's dementia, her mother was completely helpless, comatose and objectively physically and mentally unable to perceive or process anything.
The ophthalmologist emphasized that visual acuity could not be checked, but blindness could not be proven. There is a "positive reaction to light".
The state of Bavaria rejected the woman's application. There is no evidence that special damage to the visual structures is responsible for the lack of perception of optical stimuli. A complete failure of the perception of visual stimuli due to the present brain changes cannot be demonstrated. The view that a consciousness disorder alone can cause blindness is not tenable. Because then the blind person's allowance would also have to be viewed as "unconsciousness allowance".
However, during the legal dispute on August 11, 2015, the BSG had ruled in another case that a visual impairment does not always have to exist for a claim for the blind benefit (ref .: B 9 BL 1/14 R; JurAgentur report from the judgment day). The Kassel judges thus moved away from their previous case law.
There is no sufficient reason why people who are “only” blind receive blind benefit, severely brain-damaged people who cannot process visual stimuli and who have additional sensory restrictions, but not. From the point of view of the principle of equal treatment, blind people must also be granted blind people with severe brain damage.
The LSG now followed this view in its decision of December 19, 2016. Whether someone is "blind" and can claim blind money depends on the lack of sensory awareness and its processing. In the specific case, however, the proof of blindness is provided. The applicant's perception was not disturbed by damage to the sensory organ and the conduction to the brain. But there is a visual processing disorder in the brain.
The probability of the plaintiff's disturbance is almost certainly that “the signals of the different sensory modalities cannot be identified, cannot be compared with previous memories and cannot be named,” says the LSG. If the abolition of the visual perception is due to a general impairment such as a serious attention or memory disorder, the blind person's claim under the new BSG case law is therefore not excluded. The applicant is therefore entitled to blind benefit. fle / mwo