Recognition of retirement by the BG- Wuppertal
September 13, 2013 | 30,00 EUR | answered by Jan Wilking
Since 2005, I have been recognized as occupationally disabled by the LVA and have been fighting for a pension with the Bau - BG Wuppertal since then. I have several herniated discs, which have occurred due to occupational reasons, a damaged shoulder and knees, severe skin damage and severe airway allergies, resulting in claustrophobia. The BBG has all the reports and pictures and the authorization to obtain medical information, but unfortunately they have been dragging out my case for years. My skin damage has been recognized by the BBG as occupationally related. I can only work sporadically in my profession as a plumbing and heating engineer, which additionally leads to depression. Do you see a chance for me to enforce my claims for a pension from the BBG with legal assistance? The BBG demands that I give up the damaging activities, which means I would be left without income, without any assurance of an adequate pension. I hope you can help me in this matter.
ps: I also have a disability rating of 40%
Best regards
Dear enquirer,
I am happy to answer your inquiry taking into account the facts you have provided and your commitment as follows:
Indeed, based on your description, it is advisable to engage a lawyer specialized in social law locally, especially since the BGG has already partially recognized the illnesses as work-related. The colleague can then assess in particular to what extent a lawsuit for inactivity under § 88 of the Social Security Code may already be promising. In addition, the colleague can review whether the demand of the BGG to completely give up your profession is justified and potentially contradicts a decision on the pension. In this context, I would like to draw your attention to § 26 paragraph 3 of the Seventh Book of the Social Security Code, according to which benefits for medical treatment and rehabilitation generally take precedence over pension benefits.
But I would like to particularly point out § 3 paragraph 2 of the Occupational Diseases Regulation: "Insured persons who refrain from the hazardous activity because the danger persists are entitled to transitional benefits from the accident insurance carrier to offset any reduction in earnings or other economic disadvantages caused thereby. Transitional benefits consist of either a one-time payment up to the amount of the full pension or a monthly recurring payment up to one twelfth of the full pension for a maximum of five years. Pensions due to reduced earning capacity are not taken into account."
I hope I have provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Please note that within the scope of an initial consultation without knowledge of all circumstances, I cannot provide a conclusive advice. If you wish for a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the situation with them after reviewing all documents.
Kind regards,
