"Blind" solely because of brain damage

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LSG Celle requires entry in the severely disabled ID
Blind people can also be blind without an eye or optic nerve disorder. Those affected have the right to have the “Bl” sign for “Blind” on their disabled person's ID even if they are unable to process sensory impressions solely because of brain damage, the State Social Court (LSG) Lower Saxony-Bremen stated on Monday, December 18, 2017, announced judgment clearly (Az .: L 13 SB 71/17). The Celler judges thus joined the case law of the Federal Social Court (BSG) in Kassel.

In the specific case, a ten-year-old girl from the Leer district had sued. The child is severely brain-damaged due to a metabolic disorder. As a result, the girl cannot process visual stimuli in the brain. The child does not react to visual stimuli and usually keeps his eyes closed. When she opens her eyes, the ten-year-old turns the pupils upwards.

The State Office for Social Affairs, Youth and Family refused to enter the “Bl” mark on the disabled person's ID card. The girl is not really blind because there is no disturbance to the vision system. Rather, only the brain cannot adequately recognize and process visual sensations.

However, this is also considered "blind", the LSG emphasized in its judgment of November 22, 2017. The court referred to a judgment of the BSG of August 11, 2015 (file number: B 9 BL 1/14 R; JurAgentur announcement from the day of judgment). According to this, a specific visual disorder on the visual apparatus is no longer a prerequisite for being recognized as "blind". According to the BSG, it is crucial that the loss of vision has been determined. This means that brain-damaged people who cannot process visual stimuli could also be considered “blind”.

Brain-damaged and “only” blind people should be treated equally under the Basic Law and the UN Convention on the Rights of Persons with Disabilities, the Celle judges now warned. fle / mwo

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