Can I claim my pension early due to reduced earning capacity?
January 29, 2022 | 50,00 EUR | answered by Lucas Schmidt
Dear lawyer,
My name is Xenia Altmayer and due to a severe illness, I have been unable to work for some time. I am currently receiving sickness benefit, but my doctors have informed me that my ability to work will be permanently restricted. Therefore, I am worried about my financial future and wonder if I can take early retirement due to reduced work capacity.
My current situation is that, due to my health restrictions, I am unable to work and therefore rely on financial support. I am unsure if I meet the requirements for early retirement and what steps I need to take. I have already spoken to my relevant pension insurance provider, but the information was very confusing to me as a layman.
I would be very grateful if you could help me clarify my situation and show me possible solutions. Are there specific criteria I need to meet to apply for early retirement due to reduced work capacity? What documents are required and how long does the process usually take?
Thank you in advance for your support.
Best regards,
Xenia Altmayer
Dear Mrs. Altmayer,
Thank you for your inquiry regarding the early claiming of your disability pension. I understand that in such a situation it is important to gain clarity about your financial future and to know the necessary steps to assert your rights.
In order to be able to claim your disability pension early, certain requirements must be met. Generally, you must be able to work at least three hours per day on the general job market. If there is a permanent disability, it will be assessed whether you could still work at least six hours per day in your current profession or another profession. If this is not the case, you may be entitled to a full disability pension.
To assert your rights, you must submit an application to your relevant pension insurance provider. Various documents are required for this application, such as medical reports confirming your health limitations and resulting disability. It is important that these documents are complete and up-to-date in order to ensure a smooth process.
The processing time of the application may vary depending on the case, but generally it takes several weeks to several months before a decision is made. It is important to be patient and to request feedback from the pension insurance provider if necessary in order to expedite the process.
I recommend seeking support from a specialized lawyer in social security law to enforce your rights to the best of your ability. A lawyer can assist you with the application process, gather the necessary documents, and represent you throughout the entire procedure.
I hope that my information is helpful to you and wish you all the best for your future.
Best regards,
Lucas Schmidt
