🏥 Rehabilitation, participation in working life and when rehabilitation becomes a pension application
In brief
The principle is: rehabilitation before pension. The pension insurance checks whether medical rehabilitation or help for work (for example retraining) can maintain or improve your capacity to work.
It can happen that a rehabilitation application counts as a pension application. This is the case if your earning capacity is reduced and rehabilitation no longer promises success, or if it was unsuccessful. This is the reinterpretation under § 116 SGB VI.
The health insurance fund or the employment agency can also ask you to apply for rehabilitation. Then observe the deadlines.
Step by step
- Discuss rehabilitation with doctorsClarify with your doctor whether rehabilitation makes sense.
- Submit the applicationSubmit the rehabilitation application to the pension insurance.
- Have the requirements checkedThe pension insurance checks the personal and insurance-law requirements.
- Note the notice and its consequencesAsk whether the application also counts as a pension application.
Deadlines
- A rehabilitation application can count as a pension application (§ 116 Abs. 2 SGB VI). Get advice first.
- If transitional allowance is paid and a pension is later granted for the same period, the pension entitlement is satisfied to that extent. Any excess of the transitional allowance is not reclaimed (§ 116 Abs. 3 SGB VI).
- Another rehabilitation provider may also be responsible, for example the health insurance fund. Deadline for clarifying responsibility: 2 weeks after receipt of the application (§ 14 SGB IX).
In depth · legal basis, figures and practice – for advisers and professionals
Personal requirements (§ 10 SGB VI)
Insured persons must have significantly endangered or reduced earning capacity, and it must be expected that measures for medical rehabilitation or participation in working life can avert an impending reduction or improve or restore an existing one. In case of partial reduction in earning capacity, it must thereby be possible to keep the job or obtain a new one.
Insurance-law requirements (§ 11 SGB VI)
Standard case: qualifying period of 15 years or already receiving a pension for reduced earning capacity. Eased requirements apply, among others, with six calendar months of compulsory contributions in the last two years. For reintegration into work it is also sufficient that without the benefit a reduced earning capacity pension would have to be paid.
Reinterpretation and transitional allowance (§ 116 SGB VI)
An application for medical rehabilitation or participation in working life counts as a pension application if earning capacity is reduced and success is not to be expected or the measures were unsuccessful. Transitional allowance paid is offset against the pension for the same period.
Transitional allowance (§ 66 SGB IX)
Transitional allowance is 75 percent if at least one child is to be taken into account or the partner cannot work because of care duties, otherwise 68 percent.
Clarification of responsibility and decision (§ 14 SGB IX)
The rehabilitation provider approached first clarifies its responsibility within two weeks of receiving the application. The decision on the application is made within three weeks of receipt, or, if an expert opinion is required, within two weeks after the opinion is available.
Co-payment (§ 62 SGB V)
The burden limit for co-payments is 2 percent of gross income, 1 percent for chronically ill people in ongoing treatment.
Not checked
Duration and course of rehabilitation. On rehabilitation in health insurance: group Chronisch Kranke. Basics on rehabilitation before pension: group Berufsunfähigkeit.
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