PVA had refused – AK has to sue for higher health care allowance

The 15-year-old girl suffers from a genetic defect that causes severe disability. The perception of the young is severely limited, they can see and hear almost nothing. She can only express herself by knocking. The parents explained that the care and supervision of their child is almost impossible to plan because the daughter needs help almost around the clock – with food and drink, with personal hygiene, with dressing and undressing, with going to the toilet to go and also with locomotion.

worried about daughter
The state of health has deteriorated again in recent months, further increasing the need for care, the desperate mother said. Frequent vomiting especially worried parents because they were afraid that their daughter would choke. That is why level 6 care has been submitted. This requires a maintenance effort of more than 180 hours per week. That would be 1351 instead of 968 euros. But the PVA refused.

assessment decided
The family turned to the Chamber of Labor and they in turn filed a lawsuit against the negative decision in the Labor and Social Court. Rightly so, as it soon turned out. A court expert’s report revealed a need for care of more than 180 hours a week, which cannot be coordinated in terms of time and must be provided regularly, day and night. In addition, the choking hazard requires the constant presence of a nurse during the day and at night.

Not an isolated case
„It is annoying that the PVA the application for an increase in the health care allowance was initially rejected. Unfortunately, this is not an isolated case,” said AK chairman Andreas Stangl. “It is disrespectful and unworthy. I expect the correct opinions of experts and fact-based reports from the PVA our members can get their claims quickly and fairly,” he demands.