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Severe Disability: Court Confirms Withdrawal of Mark H Although There Was No Improvement
An authority may withdraw the H mark after the 18th birthday, although the disability has not improved. The Bavarian Regional Social Court confirms this principle. The decisive factor is whether the conditions for "helplessness" still exist according to the standards for adults. (Az. L 2 SB 105/23) The verdict shows each at the same time: With the 18th birthday, the H mark does not automatically fall away. The authority has to re-examine whether…
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An authority may withdraw the H mark after the 18th birthday, although the disability has not improved. The Bavarian Regional Social Court confirms this principle. The decisive factor is whether the conditions for "helplessness" still exist according to the standards for adults. (Az. L 2 SB 105/23) The verdict shows each at the same time: With the 18th birthday, the H mark does not automatically fall away. The authority has to re-examine whether…
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