Dispute over care allowance for a woman with polio: It was only through a lawsuit from the Chamber of Labor that she received level 3 instead of 2

Linz (OTS) – A 66-year-old woman from the Urfahr-Raum district contacted the Chamber of Labor. She suffered from polio as a small child and had to endure constant harassment due to her limited mobility. She had to fight for the ability to walk and improve other motor skills, such as her fingers, through countless therapies. But none of this ever wore the woman down. But when she applied to the Pension Insurance Institute (PVA) to increase her care allowance, the woman began to struggle with nerves. With the help of the AK, she gained new courage. And after a successful lawsuit, she received the level 3 she was entitled to.

The woman’s health, who had suffered from polio throughout her life, had been deteriorating for several months. For example, she was mostly only able to get around in a wheelchair. So the woman applied to the PVA to increase her care allowance. This was the beginning of a trying time for the 66-year-old. She reported that she sent the PVA from her home in the Urfahr-Raum district to a doctor in Wels who was supposed to carry out the report. For the severely disabled person, this was a more than arduous undertaking. Some time later the PVA announced that her care allowance level would not be increased.

The person affected lacked any understanding of this decision and initially fell into a deep hole. But then she decided to contact the Chamber of Labor. At a consultation appointment, she received all the information she needed about her ability to take action against the PVA’s decision. The AK legal protection agency also came to the conclusion that a higher level of care allowance was justified. The woman decided to file a lawsuit with the help of the AK.

During the course of the proceedings, the court sent a commissioned expert to the woman’s home to carry out a new, comprehensive report. On the basis of this report, a comparison was made: The PVA had to pay out level 3 instead of level 2 retroactively from the time the application was submitted – 502.8 instead of 322.7 euros per month.

AK President Andreas Stangl advises those affected to also contact the AK if they suspect inadequate PVA reports: “The AK examines the cases. If notices are based on inadequate reports, the AK files a lawsuit. Advice and representation in court are free for AK members and their relatives and therefore do not involve any financial risk.“

Questions & Contact:

Chamber of Labor Upper Austria – Communication
Bianca Karr-Sajtarevic, MSc
+43 (0)50 6906 2174
karr-sajtarevic.b@akooe.at
ooe.arbeiterkammer.at