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251. Regulation of the Federal Minister for Labour, Social Affairs and Consumer Protection on more detailed provisions concerning the determination of the degree of disability (assessment regulation)
Pursuant to Section 14 (3) of the Act on Disability of Persons with Disabilities, BGBl. N ° 22/1970, as last amended by the Federal Law BGBl. I No 51/2012, shall be arranged:
The assessment regulation, BGBl. II No 261/2010, shall be amended as follows:
1. § 5 reads:
"The Regulation shall enter into force with the day following the presentation."
The annex to the assessment regulation is amended as follows:
2. Position number 01.01.02 is:
01.01.02 |
Medium-heavy, extended forms |
20-40% |
20-30%: For longer duration; largely limited, with functional impairments, despite adequate therapy protracted course, recurrent atopic dermatitis (neurodermatitis, endogenous eczema) in case of longer lasting existence. Rosazea, rhinophym increased expansion, disfiguring effect. Acne heavy grades with isolated abscess and fistula formation and localization-related impairments. 40%: Atopic dermatitis (neurodermatitis, endogenous eczema) with generalised skin symptoms |
3. Position number 02.01.02 is:
02.01.02 |
Middle-degree function restrictions |
30-40% |
Recurrent episodes (several times a year) over weeks, radiological changes, ongoing therapy needs such as healing gymnastics, physical therapy, analgesics, example: intervertebral disc infestation without root irritation (pseudoradicular Symptoms) 30%: Ongoing therapy needs such as healing gymnastics, physical therapy, analgesics 40%: Significant restrictions in everyday life |
4. Position number 02.01.03 is:
02.01.03 |
Heavy-grade function restrictions |
50-80% |
50%: Major restrictions in everyday life 60%: Simple analgesic therapy (NSAIDs) no longer sufficient 70%: Postlaminectomy Syndrome 80%: Additional impairments such as chronic neurogenic permanent mercy, opionidine indication Indications for invasive therapy procedures including pain pacemakers (SCS) and pain pumps, periduralkatheters Paralysis with gait disorders Stiffener over at least several segments |
5. Position number 02.02.03 is:
02.02.03 |
With functional effects of advanced grades |
50-70% |
50%: 70%: |
6. Position number 02.05.12 is:
02.05.12 |
Functional limitation heavy degree on both sides |
60-100% |
Corresponds to a stiffener in an unfavorable position (bending or stronger ablation or adduction) |
7. Position number 02.05.17 reads:
02.05.17 |
Snapping hips |
10% |
Knee joint Functional limitations in the knee joint as a result of cartilage lesions, ligaments and meniscus lesions. Effects of cartilage damage of lower, medium and heavier degrees are taken into account in the assessment. |
8. The following position number 02.08 is inserted after the position number 02.07.02:
02.08 Small growth
02.08.01 |
Proportional small-scale growth |
30-40% |
Body size between 130 and 140 cm after the end of the length growth |
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02.08.02 |
Dysproporal small growth |
50-60% |
Depending on body size and dysproportion in small growth under 130 cm |
9. Position number 03.01.02 is:
03.01.02 |
Reduced intelligence with low to moderate social adjustment disorders |
30-40% |
Anamnestic slight adjustment disorder Problems in training Independence in self-care, in everyday life |
10. Position number 03.01.03 is:
03.01.03 |
Intelligence reduction with significant adjustment disorders |
50-80% |
50-70%: Unskilled work Complete independence rather rare 70-80%: Manifestos problems in everyday life management, assisted working methods Living alone is possible only to a limited degree, clear problems in everyday life management, self-sufficiency only under supervision, guidance, help by external caregiver/relatives necessary |
11. Position number 03.03.01 is:
03.03.01 |
Dementielle deficits of slight imprint |
10-40% |
30-40%: New memory disorder, slight difficulty in solving complex tasks, stable in psychopathological status Minor limitations of performance |
12. Position number 03.05.06 is:
03.05.06 |
Heavy Grades |
80-100% |
80-90%: Psychopathologically severe personality changes, highly pronounced social retreat, greatly reduced drive Constant activities in spite of repeated, regular guidance during the entire daily course not consistently possible 100%: Severe affective personality changes, social isolation, drive loss |
13. Position number 03.06.02 is:
03.06.02 |
Depressive disorders Middle degree manic disorder mean degree |
50-70% |
50%: Mania : During the phases of work performance and social operability, completely interrupted 70%: |
14. Position number 03.07.01 is:
03.07.01 |
Slight leveling |
10-40% |
10-20%: 30%: 40%: Moderate social impairment in everyday life is limited |
15. Position number 03.07.02 is:
03.07.02 |
Medium-heavy course |
50-70% |
50%: 60%: 70%: |
16. Position number 03.08.01 is:
03.08.01 |
Search disease with slight physical and mental changes |
10-40% |
10%-20%: 30%: 40%: |
17. Position number 05.04.05 deleted.
18. The position numbers 07.04.04 to 07.04.06 are:
07.04.04 |
Chronic intestinal disorders mild degree without chronic mucosal changes |
10-20% |
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With low effects, low symptoms (irritable bowel symptoms) No or slight impairment of the state of the forces and dietary conditions, rare diarrhea, mild grades, without chronic mucosal changes |
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07.04.05 |
Chronic intestinal disorders moderate degree with chronic mucosal changes |
30-40% |
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30%: 40%: |
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07.04.06 |
Chronic intestinal disorders severe grades with severe chronic mucosal changes |
50-60% |
|
Daily, also nocturnal diarctions, persistent or frequent recurrent major complaints, significant impairment of general and nutritional status, severe mucosal changes and severe impairment of the Nutritional status |
19. Position number 07.05.08 deleted.
20. Position number 07.07.03 deleted.
21. Position number 09 with headline is:
" 09 ENDOKRINES SYSTEM
The degree of disability in disorders of metabolism and internal secretion is dependent on the effects of these disorders on the individual organ systems.
If no assessment is provided in section 09, the functional deficits below the respective sections are to be estimated at 10% in the case of a secure diagnosis without significant functional deficits.
Standard deviations of the laboratory values do not result in any degree of disability for themselves.
Overweight (obesity) is not an assessment of itself. If the overweight is severe (BMI > 40) and connected with functional limitations, these are to be assessed according to the limitations under the respective sections.
Malignant forms are to be estimated under section 13. If there is an additional psychological impairment, these are to be considered separately under Section 03. "
22. Position number 09.01 with headline is:
" 09.01 Endocrine disorder
Endocrine organs, but their secretion (hormones) to the inside, directly into the blood. The functional differences between the above and the lower functions, which lead to complex functional limitations depending on the extent and mechanism of action in the individual organ systems, are to be distinguished. They are triggered by an oversupply or a lack of hormones. If these symptoms are typical in combination, one speaks of syndromes
The control of the hormone secretion (endocrine secretion) is carried out by activating and inhibiting (neuro) secretory excipients.
The extent of the usually complex disease affecting several organ systems, and accordingly the level of the degree of disability, will be affected by the effect on the end organs and the possible drug treatment (hormonal substitution and/or hormonal substitution). Inhibition).
The most common endocrine disease-diabetes mellitus-is shown in detail with regard to assessment and demarcation criteria under 09.02.
The functional limitations of all other endocrine glands (such as thyroid diseases, adrenogenital syndrome, small growth, adrenal and parathyroid diseases, pituitary diseases, pancreatic diseases and hormonal diseases) Sexual organs) should be assessed in accordance with the functional limitations and therapeutic options. "
23. The position numbers 09.01.01 to 09.01.04 are:
09.01.01 |
Endocrine-disrupting light-grades |
10-40% |
When therapeutic measures ensure the maintenance of body functions 10-20%: Drug substitution/inhibition well adjustable. No to slightest derailment probability. Subjective perceptibility at the onset of drug overdose/under-dosing of substitution therapy is very good. The disease is largely stable, everyday life is largely unhindered, recreational activity is not limited or limited 30-40%: Drug substitution/inhibition well adjustable. Low derailment probability. Subjective perceptibility at the onset of drug overdose/under-dosing of the Substitutions, inhibition therapy is good to moderate. The disease is largely stable, everyday life is largely unimpedeable, recreational activity is limited |
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09.01.02 |
Endocrine disorders mild grades up to the complete 18. Year of Life |
50% |
In children and young people up to the age of 18. Year of life is a strict surveillance due to limited self-perception in derailment situations and as a rule significantly more unstable disease situation and generally unstable metabolism and hormonal situation is required Strict and precise adherence to therapeutic measures is particularly important in order to avoid acute derailments and late consequences during the particularly vulnerable phase of development. Derailments are expressed rapidly and/or without notice, so that close monitoring is required |
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09.01.03 |
Endocrine disorders mean degree |
50-70% |
Regular therapeutic measures are necessary, the disease is stable at a high level, moderate to higher probability for derailment situations, everyday management is possible independently, but moderately restricted, Recreational activities restricted |
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09.01.04 |
Endocrine-disrupting heavy-grade |
80-100% |
Regular close-meshed therapeutic measures are necessary, the intensity of the disease is at a high to the highest level, high risk of derailment and/or rapid development, assistance in everyday life management, quality of life and Leisure behaviour clearly limited |
24. Position number 09.03 with headline and the position numbers 09.03.01 to 09.03.04 are:
" 09.03 Metabolic disorders
Metabolic disorders are congenital or genetic disorders of the metabolic processes, which can be objectionable from birth or become manifest at a later date.
The basically pathogenic mechanism is an enzyme defect, which leads to a pathological accumulation of the corresponding substrate or to a lack of metabolic products and subsequently causes clinical symptoms. An accumulation of substrates can lead to intoxications, enzyme inhibition, accumulation or activation of alternative metabolic pathways. The deficiency leads to metabolic deficits.
Metabolic disorders are complex, rarely occurring diseases, which require the diagnosis and therapy of a specialist department. The severity of the disease and thus the level of the degree of disability are determined by the existing functional limitations as well as the necessary therapies.
09.03.01 |
Slight degree of metabolic disorders |
10-40% |
If therapeutic measures ensure the maintenance of body functions. The more extensive the therapy measures, the higher the assessment. 10-20%: Only dietary measures allow the maintenance of body functions. The disease is largely stable. Working and everyday life is largely possible without hindtime. Leisure activities are not limited or limited. 30-40%: Additional therapeutic measures are necessary in order to keep the body functions upright. The disease is largely stable. Working and everyday life is largely possible without hindtime. Leisure activities are not limited or limited. |
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09.03.02 |
Slight changes in metabolic disturbances up to the age of 18. Year of Life |
50% |
In children and young people up to the age of 18. A strict diet and/or strict adherence to complementary therapeutic measures is particularly important in order to avoid late effects, rapid aggravation during the particularly vulnerable phase of development. Metabolic derailments often express themselves rapidly and without prior notice, so that close monitoring is required. |
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09.03.03 |
Medium-degree metabolic disorders |
50-70% |
Dietetic and regular therapeutic measures are necessary. The disease is stable at a high level. Working life is limited to moderately demanding and/or moderately heavy activities. Everyday life is possible independently. Recreational activity restricted. |
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09.03.04 |
Metabolic disorders severe degree |
80-100% |
Dietetic and regular therapeutic measures are necessary. The disease intensity lies at a high to the highest level. The working life is severely restricted, skinned sick leave, necessary support in the workplace. Help in dealing with everyday life. Quality of life and leisure activities are clearly limited. |
25. The position numbers 09.04 to 09.07 are deleted.
26. The position numbers 10.02.02 and 10.02.03 are omitted.
27. The position number 10.03 with headline is:
10.03 New formations of the lymphatic, blood-forming and related tissue
Hodgkin lymphoma
10.03.01 |
Morbus Hodkin-lymphoma in the course of ongoing therapy |
60-100% |
The level of assessment depends on the general condition and on the functional deficits |
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10.03.02 |
Morbus Hodgkin in full remission for 3 years |
50% |
Thereafter, an assessment should be made according to the remaining functional deficits. |
Non Hodgkin lymphoma
10.03.03 |
Non Hodgkin lymphomas with low impact |
30-40% |
No major symptoms, no general symptoms, no need for treatment, no essential progredience |
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10.03.04 |
Non Hodgkin lymphoma under ongoing therapy |
50-100% |
Choice of framework rate depending on the symptoms of the disease, effects of therapy and progredience |
Acute leukemias
10.03.05 |
Acute leukemia with low impact |
30-40% |
No major symptoms, no general symptoms, no need for treatment, no progredience, acute leukemias in complete remission |
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10.03.06 |
Acute leukemia with medium-to severe effects |
50-100% |
Choice of framework rate depending on the symptoms of the disease, effects of therapy and progredience 60-100%: Acute leukaemias with ongoing therapy |
Myeloproliferative disorders
10.03.07 |
Myeloproliferative disorders with mild effects |
30-40% |
For example, polycythemias, thrombocythaemia, osteomyelofibrosis and chronic myelogenous leukemia are to be assessed under this heading, no major symptoms, no common symptoms, no major progredience. |
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10.03.08 |
Myeloproliferative disorders with medium-to severe effects |
50-100% |
Choice of framework rate depending on the symptoms of the disease, effects of therapy and progredience |
Plasmocytoma
10.03.09 |
Plasmocytoma with mild to moderate effects |
30-40% |
No significant effects on the general condition, no need for treatment, no essential progredience |
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10.03.10 |
Plasmocytoma with severe to severe effects |
50-100% |
Depending on the general condition, extent of skeletal changes, kidney damage and pain |
Loss of milk
10.03.11 |
Light to moderate functional consequences |
10% |
10.03.12 |
Mild to moderate functional effects in children and adolescents up to the age of 8. Year of Life |
20% |
Immune defects
10.03.13 |
Mild immune defects |
10-40% |
Despite therapy increased susceptibility to infection, but no exceptional infections |
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10.03.14 |
Medium-grade immune defects |
50-70% |
Despite therapy increased susceptibility to infection and repeated exceptional infections, atypical pneumonia |
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10.03.15 |
Severe immune defects |
80-100% |
Despite therapy increased susceptibility to infection and repeated exceptional infections, atypical pneumonia, lymphadenopathy syndrome, stage A and B-asymptomatic to mild symptoms, despite therapy increased susceptibility to infection, but no extraordinary infections, despite therapy increased susceptibility to infection, repeated exceptional infections, marked reduced general condition and power drop |
28. The position numbers 10.04 to 10.08 are omitted.
29. The position number 12.03.01 is:
12.03.01 |
Mild to moderate equilibrium disorders |
10-40% |
Assessment is always relevant to the clinical findings. Standard deviations in the neurootological examinations collected in the apparatus alone do not give an estimate 10%: Complaints free of complaints, feeling of insecurity in everyday loads, such as walking, buckling, erasure, headturning, in the case of light activities in changing posture Slight uncertainty, low dizziness at higher loads such as lifting of loads, walking in the dark, abrupt body movement Increased uncertainty with dizziness (tendency to fall, pulling on one side) only in case of exceptional loads such as standing and walking on scaffold, athletic exercises with rapid body movement Morbus Meniere with one to two seizus per year 20%: Slight insecurity, low dizziness, shock, stumbling, outbreaks of everyday stress Increased uncertainty and dizziness at higher loads Slight deviation in the geh-and standing tests only at higher load levels 30-40%: Increased uncertainty, dizziness with a tendency to fall in everyday stress Violent dizziness with vegetative manifestations (nausea, vomiting) at higher and exceptional loads Significant differences in the Geh and Stem tests already at a low load level Morbus Meniere more frequent seizures, depending on severity |
30. The position numbers 13.02.01, 13.02.02 and 13.03.01 are given the names 13.01.03, 13.01.04 and 13.01.05.
Hundstorfer