Kostelka: Conflict about care allowance

25-year-old Sascha N.N. suffers a genetic hereditary disease from birth. The nerves and spinal cord are damaged by the disease. In all areas, he depends on his parents and cannot move himself, has no control over his bodily functions and must be rewound at least once per hour. Several times a week he has epileptic seizures, even in the middle of the night. For two years, Sascha must be fed through a tube.

To ensure his breathing, his trachea had to be opened surgically. Needles on the lower neck are now the way in and out for the air he breathes, going directly to the trachea. Mrs. N.N. has three other minor children to care for, one of them suffering from the same hereditary disease. The oldest son has already died.

The healthy siblings (a 11-year-old girl and a 13-year-old boy) are involved in the everyday care after-school. Mrs. NN occasionally has to work as a cleaning person in the afternoon. Only with a higher level of care allowance the earnings of the father would be sufficient and Mrs. N.N. could care for her son 24/7. A residential care is rejected by the parents although Mrs. NN admits that she is gradually overcharged.

Six years ago, Sascha was adjugded a care allowance of stage 6 (€ 1.242,-- per month). Already in 2009, the family applied for care allowance stage 7 pointing out the need for tube feeding and Tracheostoma-care. This request was refused. Sasha is physically getting weaker and suffers more epileptic seizures than before; in 2010, at the recommendation of the hospital, Mrs N.N. made another application for care allowance stage 7. Again, the District Governor Tulln rejected.

In the broadcast, the head of the Social Department of the Provincial Government said that a charge was brought in against the decision before. The proceedings were pending at the competent labor and social court, therefore no opinion could be given. He defended the decision of the expert and the authority, but a court opinion will soon bring a decision.

Ombudsman Kostelka criticized the last medical opinion aswell as the deficient decision without an explanation: „The decision contains contradictory information on the care needs of Sasha. Also, an understandable explanation is missing why care of stage 7 is not granted. Based on the rulings of the Supreme Court it would have been the task of the expert to check whether Sascha is able to make controlled moves of the limbs and to be at least of minimal help for his care. That review has not taken place, the medical report contains no explanation. The District Commission has uncritically joined that opinion, although the explanatory memorandum in the care questionnaire was not filled out." Ombudsman Kostelka also calls for helping the family through family support, home nursing or home help. "Such a heavily loaded family should not be left alone."

Re-examination: Endless battle against courts and PVA

For eight years, Ms N.N. is fighting for a vocational disability pension that would give her around 1,000 Euros per month and a little more quality of life. She suffers from ankylosing spondylitis.

She has given up her work as an accountant ten years ago since the long sitting was no longer medically reasonable. In 2002, Ms. N.N. applied for a vocational disability pension at the PVA. PVA refused, however. Since March 2003, a trial before the Labour and Social Court is pending.

The court process is now pending for seven and a half years, numerous reports have been prepared and discussed.

Finally, PVA offered Ms. N.N. a compensation and would pay for an unlimited vocational disability pension backdating to 1 January 2004. Ombudsman Kostelka: “I am pleased that PVA is offering this compensation. It is a fair offer and proceedings pending for almost eight years could finally be completed.”