Refused Disability Pensions:
Increasingly more people are under threat destruction of livelihoods
Active Unemployed Austria demand emergency break and initiate an online petition for a new start involving the people affected
(Vienna November 15th/October 23rd 2014) The ORF Citizen advocate Peter Resetarits described in the broadcast of October 19th 2014 the suffering of a woman, who was awarded pension on first instance. The pension insurance company appealed and the seriously sick woman had to present herself to the employment agency AMS as “ready and willing to work” in order to avoid losing the advance to pension. The rapidly rising calls for help of desperate people, who contact organisations of concerned, show that the madness is systematical. AK (workers’ council) and ÖGB (austrian unions) abandon the victims because with the „Bad Ischler Paper“ they are behind the inhuman reform and have fully supported it. The association „Aktive Arbeitslose Österreich“ therefore demand in an online petition an emergency stop and rapid restart of the „Reform“ gone wrong.
Do the state-recognized doctors act against patient welfare?
More and more affected people are humiliated by reports of the PVA or the courts because state-recognized doctors and court appointed experts ignore or belittle diseases proven by medical reports in order to lower the pension quota with all available force as ordered by politics. Even laymen recognize that these people are so sick that they will never be able to work.
In the competence centre for disability pension of the PVA, experts are being trained to mistrust ordinary doctors and health care facilities by undergoing a module “How do I recognize a favourable report”. They do not serve the patients but the reason of state and economic interests and disregard the traditional ethics of medicine.
Life endangering trap AMS through misleading information
At the AMS the often traumatised victims of social bureaucracy are lured into the trap of being ovewhelmed. Insufficiently trained AMS employees present “memoranda” to the people still subjectively incapable to work, in which they are supposed to declare themselves “capable to work” against their better knowledge. This approach is misleading and against the law according to the ruling of the Verwaltungsgerichtshof (Austria): First and foremost, the AMS has to present the medical report to the affected persons and explain which kind of work is considered reasonable. Only after refusal to apply for specific, medically still reasonable work, the AMS is allowed to withdraw the benefit because of “unwillingness to work”.
From a legal perspective, the provision of the last security of livelihood – the Mindestsicherung – would then not possible either because the AMS automatically informs the authorities concerned of the alleged “unwillingness to work”. Moreover, those people that have crippled themselves by working for the sake of the economy are punished once more as for receiving the Mindestsicherung they are not supposed to own assets worth more than approx. 4,000 Euros and the whole family is held hostage by testing of the spouse’s income and compulsory work regime as well as open or hidden recourse (entry in the land register in case of owned flats and properties).
The Higher Administrative Court brings to light illegal practices of bfi, BBRZ, pro mente & Co
The AMS is often pushing de facto non-employable people to external consulting and rehabilitation institutions where they are totally overwhelmed and even have to endure measures that are against the law.
The Verwaltungsgerichtshof has ruled in June 2014 that the bfi of Lower Austria has broken applicable law in several respects and stipulated what must not be done:
- It was against the law that the bfi NÖ requested the attendee of a course to sign in order to authorize the “passing on of occupational health and occupational psychological test results obtained in the course of ‘professional competence center’ to the career guidance trainers and social welfare workers of bfi NÖ and to release doctors and psychologists from their obligation of secrecy.
- Medical examinations must not be carried out within measures for reintegration. The reasons that justify a measure like missing skills and knowledge must not be identified only in the course through psychological and occupational health analysis.
- Career path finding and rehabilitation planning are not among the AMS measures that can be enforced by sanctions.
The employees of the ballooning course industry are evidently not aware that they find themselves on slippery grounds when it comes to criminal law: It is to be treated as personal injury if sick peoples’ health get damaged through these compulsory courses. Psychological or medical examinations or medical consulting is to be prosecuted for charlatanry. The storage of medical data (by the course institutes), which are specially protected as sensitive data, contravene further against the data protection law.
The often illegal practices are only possible because the affected persons are not at all informed about their rights. The affected persons live in constant fear of the livelihood endangering withdrawals of benefits. These can be imposed by the AMS at any time upon sheer suspicion and must then be fought back tediously by the ones unjustly accused.
Aktive Arbeitslose Österreich demand emergency stop and restart with involvement of the affected-organisations
The believe of the minister of social affairs Rudolf Hundstorfer and his social partners is perverse and inhuman that sick people can be reintegrated in the “labour market” with force against their will. In any case will these people made even sicker by the imposed “measures to activate” and finally even their lives endangered.
As a result of the increasing violations of the law and the rising structural force against people whose health is broken by the business system and thus eliminated as “superfluous”, the association “Active Unemployed Austria“ demand in an on-line petition:
- Discontinuation of the compulsory rehabilitation – implement the human right of free choice of doctor and treatment!
- End to the discrimination of people without “protection of their profession”!
- No obligation to declare oneself as “capable to work” as long as the capability and the extent is not finally decided by the ongoing legal proceedings.
- Free choice of courses at the AMS, discontinuation of the regime of sanctions.
- Obligation of the authorities and courts to inform proactively.
- Right to legal aid at labour- and social courts and at administration courts
- Extend liability of officials so that the ones responsible for violation of the law can be prosecuted.
- Full compensation for victims of AMS, Mindestsicherung and PVA!
- Establishment of an unemployed- and social advocate as agent to enforce the law and as platform for selforganisation of affected with extensive rights to control and participate.
Link to the petition: