Inclusion

To find out the exact definition, take a look at the law. In section 2 (1) of the SGB IX, a severe disability is defined as follows: 

"Persons with disabilities are persons who have physical, mental, intellectual or sensory impairments which, in interaction with attitudinal and environmental barriers, are likely to prevent them from participating in society on an equal basis for longer than six months. An impairment according to sentence 1 exists if the physical and health condition deviates from the condition typical for the person's age. People are at risk of disability if an impairment according to sentence 1 is to be expected."  

In short, there are various impairments that make everyday life more difficult. 

The impairments are individual and have different effects on life and work. The degree of disability (GdB) from 20 to 100 determines the severity of a disability. From a GdB of 50, special supportive measures apply in working life, e.g. 

• special protection against termination 
• Assistance with workplace equipment 
• Support through specialised services 
• Employment incentives for employers (such as wage subsidies) 

In the state of Lower Saxony, seven Lower Saxony state offices for social affairs, youth and family are available to determine your GdB. You can find the office closest to you and the application form to download on the website of the state office.

People with disabilities receive some disadvantage compensation from the degree of disability (GDB) 50. If your GdB is at least 30 but less than 50, you can be put on an equal footing with severely disabled people. 

This means that largely the same provisions apply to you, for example: 

• special protection against termination
• Assistance with workplace equipment
• Support through specialised services
• Employment incentives for employers (such as wage subsidies)

You can find more information and the application for equal status on the website of the Employment Agency. 

Workers with severe disabilities are entitled to five additional days of paid leave per year. This rule applies to a 5-day week.  

To receive this additional leave, all you need to do is prove your severe disability to your employer. It is best to present your severely disabled person's ID card to the personnel department.  

By the way, the legal basis for additional leave is in section 208 of Book IX of the Social Code (SGB IX). 

People with severe disabilities or equal status cannot be dismissed so easily. Of course, this also applies to the employer Federal State of Lower Saxony. 

First, an application must be made to the Integration Office. The Integration Office then checks whether the disability is the reason for the dismissal. If the reason is predominantly the disability, the Integration Office can reject the dismissal. However, if there is a lack of workplace equipment, for example, the Integration Office sometimes offers funds for a conversion. 

In any case, the representative body for severely disabled persons must be informed and consulted. 

However, the special protection against termination does not mean that people with severe disabilities cannot be terminated. With regard to temporary contracts, probationary periods or trial work, there is no special protection against dismissal. 

Compensation for disadvantages should enable better participation and more self-determination of people with disabilities in their everyday lives. 

In order to receive compensation for a disadvantage, you need a severely disabled person's ID card or proof of equal status. 

The degree of disability (GdB) and, if applicable, the characteristic signs are stated on the severely disabled person's ID card. The GdB and the marks are decisive for many disadvantage compensations. 

On the website www.schwerbehindertenausweis.de, you can see your possible disadvantage compensation depending on the GdB, marker, etc. And at Familienratgeber.de you will find many disadvantage compensations listed one after the other. 

There are many entitlements in the Ninth Book of the Social Code (SGB IX), e.g.    

• Section 164 (4) of Book IX of the Social Code (SGB IX): the right to the creation of a workplace suitable for the disabled (suitable for the suffering of the disabled).  
• Section 185 (5) of Book IX of the Social Code (SGB IX) on the right to necessary work assistance. 

Important information on the rights of persons with disabilities in the public service can be found in the Severely Disabled Guidelines (Guidelines for the Equal and Self-determined Participation of Severely Disabled Persons and Persons Equal to Severely Disabled Persons in Working Life in the Public Service); also called SchwbRl.

Do you have questions regarding your disability, severe disability or equal status that have not been answered here?  

Contact the State Working Group of Representatives of Severely Disabled Persons at the Supreme State Authorities in Lower Saxony (Landesarbeitsgemeinschaft der Schwerbehindertenvertretungen bei den obersten Landesbehörden in Niedersachsen - LAGSV). The state working group represents the interests of severely disabled persons and persons of equal status employed in the public service of the state of Lower Saxony. 

The LAGSV is also available to you for advice and support on higher-level questions after recruitment. Many questions can be answered directly here or you can get the contact details of contact persons who will do this, e.g. for enquiries about specific job offers. Send an email to lagsv@niedersachsen.de. 

The first point of contact for you in matters relating to your status as a severely disabled person or equal status in everyday working life is the representative for severely disabled persons at your employing authority.