Best Social Security Disability Lawyers in Kitzingen

About Social Security Disability Law in Kitzingen, Germany

In Germany, Social Security Disability is primarily about two things. First, the reduced earning capacity pension called Erwerbsminderungsrente paid by the German Pension Insurance carrier. Second, the recognition of severe disability known as the Schwerbehindertenausweis based on a degree of disability called Grad der Behinderung or GdB. People in Kitzingen apply under the same nationwide rules, with local processing through regional offices that serve Unterfranken and Kitzingen.

The Erwerbsminderungsrente is part of the statutory pension insurance system and is for insured people whose health limitations prevent them from working full time in the general labor market. Full reduction typically means you can work less than three hours per day. Partial reduction typically means you can work three to under six hours per day. The severe disability status is separate. It is an administrative recognition of a GdB of at least 50 and comes with workplace protections and tax and mobility benefits but is not a cash pension by itself.

Other benefits and systems often interact with disability. These include sickness benefit from your health insurer, unemployment benefits including the seamless rule when a disability decision is pending, long term care support via the care insurance fund, and basic income support under the social codes. Because these programs are coordinated, the right pathway for you depends on your work history, insurance coverage, medical situation, and residence status in Kitzingen.

Why You May Need a Lawyer

Disability cases are evidence heavy, time sensitive, and often involve several agencies. A lawyer can help you in these common situations:

- Your application for an earnings capacity pension or for a severe disability card was denied, or you received a partial approval that does not reflect your limitations.

- You need to file an objection called Widerspruch within one month and want to avoid missing deadlines or making procedural mistakes.

- Medical evidence is incomplete, conflicting, or does not answer the key legal questions about hours of capacity and labor market availability.

- You have complicated insurance history, for example self employment, mini jobs, caregiver periods, or periods in another EU country that need to be credited.

- You need to coordinate sickness benefits, unemployment benefits, and rehabilitation with a disability pension including the rehab before pension principle.

- You want to work part time while receiving benefits and need advice about income limits and reporting duties.

- You face workplace issues related to severe disability such as reasonable accommodations, equal treatment, termination protection, or the need for Integrationsamt consent.

- You received an overpayment notice and the agency is asking you to repay benefits.

- Your case is headed to the social court and you need representation and strategy for medical expert reports and hearings.

Local Laws Overview

Germany uses nationwide statutes. The rules that matter most in Kitzingen are:

- SGB VI pension law governs the Erwerbsminderungsrente. As a rule you need a general qualifying period of five years and at least 36 contribution months within the last five years before the reduction of earning capacity. There are exceptions such as disability since youth. Full reduction means less than three hours of capacity in any job on the general labor market. Partial reduction means three to under six hours. For people born before 1961 there may be special rules on occupational disability.

- SGB IX participation law governs rehabilitation and the rights of people with disabilities. It covers the severe disability procedure and workplace protections. A GdB of at least 50 yields a Schwerbehindertenausweis. With GdB 30 to 40, equal treatment in job protection can be granted by the employment agency in certain cases. Employers have duties to provide accommodations and conduct company integration management after long illness.

- SGB X sets the administrative procedure rules. Decisions must include a legal remedies notice. You can generally file an objection within one month after receiving the decision. If the notice is missing, longer time limits may apply.

- SGG social court law governs litigation. After an objection decision called Widerspruchsbescheid, you can file a claim at the Sozialgericht within one month. Social court cases generally do not charge court fees. The Sozialgericht Würzburg is usually responsible for matters from Kitzingen.

- Related codes include SGB V for health insurance and sickness benefit, SGB XI for long term care, SGB II for Bürgergeld when employable and in need, and SGB XII for basic security in cases of permanent full reduction of earning capacity before reaching the standard retirement age.

Local administration in Bavaria matters for where you file. In Unterfranken the authority for GdB and many workplace disability matters is the Zentrum Bayern Familie und Soziales called ZBFS. The municipal Versicherungsamt at the Landratsamt Kitzingen or the Stadt Kitzingen can assist with pension applications. The regional service centers of Deutsche Rentenversicherung and the employment services in Würzburg and Kitzingen handle many in person matters.

Frequently Asked Questions

What counts as a disability for the German pension system?

For the Erwerbsminderungsrente the key test is how many hours per day you can perform any reasonable job in the general labor market, not only your last job. Less than three hours is full reduction. Three to under six hours is partial reduction. Medical reports are crucial and the pension insurer can commission its own experts.

Who decides the degree of disability and how do I apply in Kitzingen?

The ZBFS Region Unterfranken decides the GdB and issues the severe disability card. You apply with medical documentation listing all impairments. The office can request additional reports. Decisions arrive in writing and include instructions on how to object.

What is the difference between the severe disability card and the pension?

The severe disability card recognizes a GdB of at least 50 and grants non cash benefits such as additional leave, special termination protection, tax relief, and mobility concessions if marked accordingly. The Erwerbsminderungsrente is a cash benefit from the pension insurer. You can have one, the other, or both, depending on your situation.

Can I work while receiving an earnings capacity pension?

Yes, within limits. There are annual income limits for pensions due to reduced earning capacity. The exact limits are adjusted regularly. You must report any employment and earnings to the pension insurer, and you should get advice before starting work to avoid overpayments.

What if my application is denied?

You can file a Widerspruch within one month of receiving the decision. In the objection you can add new medical evidence and explain specific errors. If the objection is rejected, you can file a claim in the Sozialgericht Würzburg within one month. A lawyer can structure the evidence and arguments and handle deadlines.

How do sickness benefit and unemployment interact with disability?

Health insurers pay sickness benefit for a limited period when you are unable to work. If your ability to work is unclear and a disability decision is pending, the seamless rule can allow unemployment benefits despite incapacity for your last job. Rehabilitation measures often come before pensions. Coordination is important to maintain continuous coverage and income.

Do I need a minimum number of contributions for the disability pension?

Generally yes. You usually need a total qualifying period of five years and at least 36 months of compulsory contributions in the last five years before the onset of reduced earning capacity. There are special rules and exceptions such as for disability since youth. The pension insurer will verify your entire insurance record.

Can non German citizens qualify for benefits in Kitzingen?

Eligibility depends on your insurance coverage, contributions in Germany, residence status, and any applicable international agreements. EU rules allow aggregation of periods from other member states. Non EU cases depend on bilateral treaties and German law. Seek tailored advice if you have cross border insurance history.

How long does the process take?

Initial decisions can take several months, depending on medical examinations and document gathering. Objections and court cases can add more time. You can help by submitting complete medical records early and responding quickly to requests from the authority.

What will a lawyer cost and is there legal aid?

Lawyers usually charge based on statutory fee schedules or agreements. If you have low income, Beratungshilfe can cover out of court advice with a small personal contribution, and Prozesskostenhilfe can cover court representation if your case has sufficient merit. Ask your lawyer to check eligibility and explain any costs up front.

Additional Resources

Deutsche Rentenversicherung service centers that cover Unterfranken including Würzburg for applications and advice on the Erwerbsminderungsrente. They can review your insurance record and accept your claim.

Versicherungsamt at the Landratsamt Kitzingen and the Stadt Kitzingen for free assistance with pensions and social insurance forms and for forwarding applications.

Zentrum Bayern Familie und Soziales Region Unterfranken in Würzburg for GdB applications, severe disability cards, and many workplace disability matters including the Integrationsamt.

Sozialgericht Würzburg for disputes under social law including pension and severe disability cases once the objection process is completed.

Agentur für Arbeit and Jobcenter Kitzingen for unemployment benefits, equal status for people with GdB 30 to 40, and vocational rehabilitation services.

Your statutory health insurer and care insurance fund for sickness benefit, medical rehabilitation, and long term care assessments.

Municipal Social Welfare Office at the Landratsamt Kitzingen or the Stadt Kitzingen for basic security in cases of permanent full reduction of earning capacity and for housing or special assistance.

Integrationsfachdienst Unterfranken and local disability advocacy groups such as Caritas and Diakonie for counseling, workplace support, and help preparing applications and hearings.

Next Steps

Step 1 - Gather documents. Compile medical reports, hospital discharge letters, medication lists, occupational health opinions, and a timeline of your work and insurance history. Include contact details for treating doctors.

Step 2 - Clarify your goal. Decide whether you will apply for an earnings capacity pension, a severe disability card, or both. Consider whether rehabilitation might restore work capacity.

Step 3 - Get local help. Contact the Versicherungsamt in Kitzingen or a Deutsche Rentenversicherung service center to review your insurance record and submit forms. For GdB, contact the ZBFS Region Unterfranken.

Step 4 - File your application. Submit complete forms with evidence. Keep copies of everything and note the date of submission. Respond promptly to any requests for additional information.

Step 5 - Watch the deadlines. If you receive an unfavorable decision, note the one month deadline to file a Widerspruch. Use the objection process to add missing medical evidence.

Step 6 - Consider legal representation. If your case is complex, involves multiple agencies, or has been denied, consult a lawyer who handles social law in Unterfranken. Ask about Beratungshilfe and Prozesskostenhilfe if costs are a concern.

Step 7 - Prepare for examinations. If the insurer or authority schedules a medical exam, attend and describe your limitations in everyday terms. Update your file with any new treatment records.

Step 8 - If needed, go to court. After an objection is rejected, file suit at the Sozialgericht Würzburg within one month. Your lawyer can request court appointed medical experts and argue the legal criteria that apply to your case.

Taking these steps in order will help you protect your rights, meet deadlines, and put forward the strongest possible case for Social Security Disability in Kitzingen.