Victory in court

Care allowance was four levels too low

The person concerned is physically fit, but no longer mentally fit.

(Bild: Sven Hoppe)

An Upper Austrian woman suffering from dementia was apparently classified completely incorrectly by the pension insurance institution, and an upward adjustment was even refused. It was only after the Chamber of Labor intervened that she was upgraded - and by four levels at that. 

A sick Upper Austrian woman had to make do with 354 euros per month in care allowance. The over 80-year-old from the district of Braunau is physically fit, but her severe dementia has recently worsened considerably. According to her relatives, she cannot be left alone for a second. The senior citizen is not only confused and disoriented, but sometimes aggressive, with a tendency to self-harm.

205 hours per month
The relatives therefore applied for an increase in the care level. The surprising answer from the Pension Insurance Institution (PVA): there was no need for care that would justify an increase. The family concerned did not want to accept this and turned to the Chamber of Labor.

Together, they filed a lawsuit against the decision with the Labor and Social Court. A court expert came to the conclusion that more than 205 hours of care were required per month - i.e. care level six. The woman with dementia had therefore been assessed four levels too low.

1200 euros more per month
This means significant financial relief for relatives. Thanks to the intervention of the Upper Austrian Chamber of Labor, they now have 1,200 euros more per month at their disposal. "I expect proper assessments and fact-based decisions from the PVA so that our members receive their entitlements quickly and fairly," says AK President Andreas Stangl.

Kommentar

Gutachter hat seinen Job verfehlt

There is hardly a worse feeling than when a loved one suddenly no longer recognizes you. And you also have to worry that this person won't find their way home from a walk or will hurt themselves.

(Bild: Krone KREATIV, Alexander Schwarzl, Markus Wenzel)

You try everything you can to keep everyday life halfway normal. But instead of being able to spend as much time as possible with your loved one, PVA puts huge obstacles in your way. Care levels two and six are worlds apart. How an assessor can fail to see this or perhaps even ignore it is beyond me.