Severely disabled law

The severely disabled law includes all legal provisions that regulate the legal relationships of severely disabled people in the Federal Republic of Germany.

According to Section 2 Paragraph 2, people are considered severely disabled. 2 SGB IX those people whose physical, mental or psychological disability has a degree of at least 50 degrees. The degree of disability (GdB) in severely disabled law according to Section 69 SGB IX is determined by a decision from the competent authority in the respective federal state (usually pension offices).

Severely disabled people have special rights in Germany and are under special legal protection under disability law. The law for severely disabled people follows in particular from the welfare state principle anchored in Articles 20 and 28 of the Basic Law. The law for severely disabled persons is therefore particularly part of public law and is essentially standardized in the second part of the ninth book of the Social Security Code (SGB IX). The aim of disability law is to help severely disabled people achieve the greatest possible self-determination, avoid discrimination and promote the integration of severely disabled people into work and society.

Zu den besonderen Rechten der Schwerbehinderten gehören im Schwerbehindertenrecht unter anderem:

  • General prohibitions of discrimination (§ 81 II SGB IX in conjunction with AGG)
  • Obligation of employers to employ severely disabled people
  • Special rights in the employment relationship (e.g. workplace facilities suitable for disabled people, special protection against dismissal, additional leave)
  • Special features of pensions (e.g. early use)
  • Tax benefits
  • Special help with regard to school, work, studies and social life
  • Free transport in local public transport


In addition to the regulations in SGB IX, there are special regulations for severely disabled people in many individual laws, such as SGB III, SGB V or the civil law AGG.

On the following pages we will try to provide you with as much information as possible about the basic principles of disability law.

We also recommend the following pages on disability law: