Here we provide questions and answers from accompanying our clients. Enjoy reading. We welcome your feedback and suggestions. You may also want to share your question with us? Just write us a message here.
My approved services of the integration assistance are not sufficiently provided
Inform your institution of integration assistance and ask for a solution!
“Only when the participation goal is achieved is the in-kind contribution complete.”
cf. judgment BSG, 28.01.2021, B 8 SO 9/19 R, Rn.35
The service in an approval notice should be provided by the service provider(s) in the full number of hours and in the qualification you require. Inform the institution of integration assistance that the service it has approved cannot be provided to the full extent and ask the institution of integration assistance to take remedial action. It is the responsibility of the institution for integration assistance to work with the service provider to ensure that the service is provided.
If this does not help either, you still have the option of taking the service provision into your own hands via the personal budget.
If you are stuck or unsure, please feel free to contact us.
What is the mission of inclusion services?
The law states:
“(1) The task of integration assistance is to enable persons entitled to benefits to lead an individual
cf. §90 SGB IX – Task of integration assistance
dignity of the person, and to enable full, effective and equal participation in
full, effective and equal participation in life in society.
society. The benefit is intended to enable them to plan and lead their lives in as self-determined and responsible a manner as possible.
(2)-(4)
(5) The special task of social participation is to enable or facilitate equal participation in life in the community.”
What options does the personal budget offer me?
Incredibly many!
The service form of the personal budget allows you to organize the services for yourself absolutely self-determined.
You want to keep a proven service provider? That is possible! The bill goes directly to you and you pay it from the budget.
You want to look for staff yourself or you already have someone to support you? That is possible! You become the employer and hire your staff yourself and pay them from the budget. If this is too much responsibility for you, then you can specifically hire a budget assistant to relieve you. We take over e.g. tasks in the personnel administration for you. Please have a look at our services.
There are many more possibilities how you can organize your services via the Personal Budget.
If you have any questions or uncertainties, please do not hesitate to contact us.
I was told that the Personal Budget was not possible. What now?
You have a right of wish and choice!
In the Social Code Book Nine, paragraph 29 (§29 SGB IX) describes your right to request and choose the form of service of the personal budget. If you want this form of benefit, you can apply for it.
There are only a few exceptions in which there is only the possibility of payment in kind or in cash.
If you do not get on your way to the personal budget, please contact us.
Since I applied for the Personal Budget, the amount of money is reduced in the benefit notification. What now?
You have a right of wish and choice!
Only because of your wish for a Personal Budget the cash benefit may not be reduced !
The Personal Budget is only another alternative form of benefit to the benefit in kind or cash benefit. This means that if your needs remain the same, the cost bearer cannot simply reduce the benefit or the amount of money because of your wish for a personal budget. There must be a detailed justification as to why a budget reduction should be made.
The budget must be set at a level that allows you to either hire and pay service providers and/or hire staff yourself (see question: What options does the Personal Budget offer me?).
Ask your cost unit about the reasons for a budget reduction. Pay attention to the objection period of 1 month!
Seek help in such a case. We will find a solution with you. Contact us.
My application was rejected on the phone. What now?
Our tip: insist on the written form.
Unfortunately, it happens again and again that a cost unit (health insurance, social welfare office, …) informs you by telephone that your application cannot be approved. Cost units are obligated to provide you with a written statement of the reasons and an appeal instruction at your request. You can then respond to such a letter and, if necessary, appeal.
It is advisable to insist on the written confirmation. This is the only way to protect your rights!
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I made an application and nothing happens or much too slowly. What now?
Know and use your legal remedies !
Determine your deadline. Click here for the BAR deadline calculator.
- For services within the framework of the Social Code (SGB), the first rehabilitation provider must determine the responsibility within 2 weeks (§ 14 para 1 sentence 1 SGB IX) and inform you as the applicant if it is not responsible.
2. - The “rehabilitation provider” determines your individual rehabilitation needs comprehensively and without delay (see § 14 para. 2 sentence 1 SGB IX) and decides on the services covered by your application. Different deadlines apply depending on whether an assessment (§ 17 SGB IX) is required.
- The rehabilitation provider decides on your application within three weeks after receipt of the application (§ 14 para. 2 sentence 2 SGB IX) if no expert opinion appears necessary.
- The rehabilitation provider decides on your application within two weeks after receipt of the expert opinion (§ 14 para. 2 sentence 3 SGB IX), if an expert opinion seems necessary.
Particularly in the case of social participation benefits from the providers of integration assistance, deadlines are often not observed. You should know your rights and the legal channels if deadlines are exceeded. If deadlines are exceeded, the legal action is described in § 88 SGG (Social Court Act). This is called an action for failure to act. You can even file this yourself at the social court that is responsible for your place of residence.
A form for an action for failure to act will follow shortly.
Please contact us in such a case or if it is urgent.
The temporary approval of the integration assistance keeps getting me into trouble!
Our tip: file an appeal against this part of the decision.
A regular time limit is inadmissible.
cf. judgment BSG 8 SO 9/19 R
Unfortunately, we know the following problems from practice:
- Permits are limited in time
- processing of follow-up applications is slow, especially in case of changed needs
- Often uninterrupted continuation of payments in the previous amount without a new determination of need
- Uncertainty about further approvals, service providers may not be willing to make advance payments
- Notification often comes only after the approval has expired. This is usually used to build up pressure. “You have to sign the target agreement now …”
Please contact us in such a case or if it is urgent.
More FAQs follow…
…check here every now and then.