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Severely disabled people are entitled to a web designer course

Severely disabled people are entitled to a web designer course



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If the severely disabled still have at least the chance of working, the Federal Employment Agency must also pay them for vocational training. This applies even if the job seeker can only control his computer with his eyes because of his disability and training as a web designer is then possible, the State Social Court (LSG) Rhineland-Palatinate decided in Mainz on Friday, October 28, 2016, announced judgment of the previous day (Az .: L 1 AL 52/15).

The 35-year-old plaintiff is suffering from incurable so-called Duchenne type muscular dystrophy. The hereditary disease leads to the demise of the muscle fibers. The plaintiff can neither walk nor stand and must be ventilated to support him. He is severely handicapped to a degree of 100, the care level II was determined with him.

But despite his illness, he didn't want to give up and take part in working life. He had a high school diploma and had been working with computers for many years since 1999. He therefore applied to the Federal Employment Agency (BA) for benefits to participate in working life. He wanted to take a distance course to become a web designer. The BA should assume the costs of 2,900 euros.

However, the BA's medical service found that the applicant was unable to perform sufficient activities on the general job market. The authority therefore rejected the application.

But an appraiser came to a different conclusion. The severely disabled person is highly intelligent and very motivated and can work as a web designer from home for up to six hours. The plaintiff is able to "control the computer safely and quickly with the eyes".

The social court awarded the severely disabled the cost of the distance learning course. Disabled people would be entitled to support. The training should not only lead to dependent employment. It is quite possible that he also works as a self-employed person.

The BA appealed against this judgment. The applicant can do work of economic value. But he doesn't work as quickly as a non-disabled person. In the end, he could not work as a web designer for at least three hours under the usual conditions of the general job market, the authority said. Apprenticeships that only led to self-employment could not be funded.

But even before the LSG, the severely disabled was right. The expert opinion had "determined the potential future performance on the general job market". Web designers could also easily do their jobs from home. The plaintiff can only control his computer sufficiently quickly with his eyes, so that an economically viable activity is possible. fle

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