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Disability Insurance

incapacity to work due to depression

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Incapacity for work due to depression: How to secure your claims and maintain financial stability

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Wikipedia offers a comprehensive overview of occupational disability insurance in Germany.

Die Versicherer, the German Insurance Association, provides information on the most common causes of occupational disability.

Die Deutsche Rentenversicherung Bund publishes press releases on mental illnesses as a cause for reduced earning capacity.

Die Deutsche Rentenversicherung offers extensive information on disability pensions and their requirements.

Das Bundesgesundheitsministerium provides information on depression and prevention.

gesund.bund.de offers information on mental health in the workplace.

Statista provides current statistics on the proportion of mental illnesses as a cause of occupational disability.

Das Statistische Bundesamt (Destatis) provides data and information on workplace stress.

Die Verbraucherzentrale informs about occupational disability insurance and options for income protection.

Die Deutsche Depressionshilfe offers comprehensive information and support for those affected and their relatives.

Minutes

Katrin Straub

Managing Director at nextsure

26 May 2025

4

Minutes

Katrin Straub

Managing Director at nextsure

Depressions are one of the main causes of occupational disability, yet many affected individuals are not aware of their rights. Discover how to successfully apply for an occupational disability insurance and what to consider when dealing with mental illnesses. Secure your financial future.

The topic in brief and concise terms

Mental illnesses, particularly depression, are the most common reason for occupational disability in Germany, accounting for over 34 percent.

To be recognised as unable to work due to depression, there must be evidence of at least a 50 percent reduction in the ability to work, expected to last at least six months, usually through specialist medical assessments.

Truthfully answering the health questions when taking out a disability insurance policy is crucial, as undisclosed pre-existing conditions can lead to a denial of benefits.

Understanding the growing significance of mental health conditions as a cause of occupational disability

Mental disorders are now the leading cause of occupational disability in Germany. Recent figures show that about one in three people who become unable to work suffers from depression or similar mental issues. This proportion has risen from around twenty percent to over thirty-four percent in the past fifteen years. Particularly among people under fifty, the proportion is even over thirty-five percent. This trend highlights the necessity of taking the risk of occupational disability insurance seriously, regardless of the type of professional activity. It is a misconception to believe that only physically demanding jobs are affected; office workers and academics are also at significant risk. The average duration of a work disability due to depression is 43 days per case.

These figures illustrate that early safeguarding of one's labour capacity is vitally important. The next section highlights the specific requirements for benefits.

Check the requirements for recognising an occupational disability due to depression

For an occupational disability insurance to cover depression, certain criteria must be met. In general, an occupational disability is recognized if the insured person is likely to be unable to perform their last occupation due to the mental illness for at least six consecutive months at fifty percent capacity or more. Providing evidence of this limitation is often the most critical aspect. This is done through detailed medical certificates and assessments, ideally from a specialist in psychiatry. It is not sufficient to merely present a diagnosis of 'depression'; the specific impacts on the professional activity must be clearly documented. Insurers meticulously assess whether the symptoms actually cause such a severe performance limitation. A claim for occupational disability must be carefully prepared.

The following points are often crucial for providing evidence:

  • Detailed description of the daily professional routine and specific tasks.

  • Concrete depiction of which of these tasks can no longer be performed due to depression.

  • Expert medical reports confirming the link between the condition and the performance limitation.

  • Documentation of previous treatment attempts and their results.

The exact definition of occupational disability can vary depending on the contract, so looking at one's own insurance conditions is essential. Next, we will consider the procedure for the application process.

Submitting a benefits claim for occupational disability due to depression correctly

Applying for benefits from an occupational disability insurance due to depression requires diligence and complete documentation. First, you must notify your insurance of the claim. You will then receive extensive questionnaires. Complete them truthfully and as detailed as possible. Describe your daily routine before the illness and how the depression affects your ability to perform your job. Include all relevant medical reports, diagnoses, and findings, especially from specialists in psychiatry or psychotherapists. A degree of disability of at least fifty percent must be clearly evident. Insurers often request their own appraisal; you are generally obliged to cooperate with this. It is advisable to make copies of all submitted documents for yourself and to document correspondence precisely.

Our expert tip: Seek support early, for example from specialized advisors or a lawyer specializing in insurance law, to avoid mistakes in the application process. The complexity of the procedure, especially with mental illnesses, is often underestimated. In the next step, we will address potential pitfalls and clauses.

Know important contract clauses and potential pitfalls with pre-existing mental health conditions

When taking out a disability insurance policy, health questions play a central role. Withholding or incompletely disclosed pre-existing conditions, such as a previous depressive episode or psychotherapy, can lead to a refusal of benefits. Insurers closely examine health details in the event of a claim (pre-contractual duty of disclosure). There are various contract clauses that may be relevant for mental health conditions:

  1. Exclusion clauses: Certain mental health conditions or their consequences may be excluded from coverage.

  2. Premium surcharges: A higher premium may be required for known pre-existing conditions.

  3. Limitation of recognitions: Some insurers attempt to recognise benefits only for a limited period of time.

  4. Abstract referral: Check if your contract contains a clause on abstract referral, which would allow the insurer to refer you to another profession you could theoretically still perform.

It is important to know the terms of your contract in detail. Honest and complete answers to health questions are essential, even if this may lead to a premium surcharge or exclusion clause. Disability insurance after psychotherapy is not automatically excluded. Now to the legal aspects and recent judgements.

Examine courses of action for occupational disability due to depression without private insurance

Those who become unable to work due to depression and have not taken out private occupational disability insurance face significant financial challenges. The statutory disability pension often offers only inadequate protection. The full disability pension, usually less than a third of the last gross salary, is only granted to those who can work less than three hours a day in any occupation. For everyone born after 1st January 1961, the hurdles are particularly high. It is therefore important to consider alternative support options:

  • Application for a disability pension with the German Pension Insurance.

  • Check entitlement to sickness benefit, if available and the conditions permit this for mental health issues. Sickness benefit and disability insurance are different benefits.

  • Social benefits like citizen's income as a last option to secure one's livelihood.

  • Consultation offers from social associations or the employment agency for occupational rehabilitation.

However, the best strategy is prevention through early private coverage. The situation without disability protection is precarious. Finally, we summarise the most important course of action.

Plan your next steps for financial security in the event of occupational disability due to depression

Dealing with occupational disability due to depression is complex and emotionally taxing. Careful preparation and knowledge of your rights are crucial. Start with an honest self-assessment of your health situation and your professional limitations. Consult with your attending doctors and document everything carefully. If you have occupational disability insurance, examine your contract conditions in detail. In the event of an application or rejection, professional support is often indispensable. Remember, mental illnesses are recognised as a cause of occupational disability, and you may be entitled to benefits if the conditions are met. The statistical probability of becoming occupationally disabled during one's working life is about one in four.

Request an individual risk analysis now: Have your insurance situation checked free of charge and receive specific optimisation suggestions.

FAQ

What happens if I failed to disclose a psychotherapy when taking out the disability insurance?

Failing to disclose a psychotherapy or a diagnosed depression on the health questionnaire can be considered a breach of the duty of pre-contractual disclosure. In the event of a claim, the insurer may withdraw from the contract or refuse to provide benefits.

Is a general practitioner's certificate sufficient for disability due to depression?

A certificate from a general practitioner alone is often not sufficient. Insurers typically require detailed reports and assessments from specialists in psychiatry and psychotherapy to verify the diagnosis and the degree of disability.

Can I take out a disability insurance policy while currently undergoing psychotherapy?

Taking out disability insurance while undergoing psychotherapy is difficult and often leads to rejections, premium surcharges, or exclusion clauses for mental illnesses. An anonymous risk pre-assessment can be helpful in this situation.

How is the degree of disability determined in cases of depression?

The degree of disability (usually at least fifty percent) is assessed based on medical reports and the specific impact of depression on the previously performed occupational duties. It is examined which activities can no longer be performed or can only be performed with restrictions.

What can I do if my disability insurance application is rejected due to depression?

Carefully review the reasons for rejection. If necessary, lodge an appeal and submit additional meaningful documents. It is often advisable to seek the assistance of a lawyer specializing in insurance law.

Are there alternatives to disability insurance for those with pre-existing mental conditions?

Yes, alternatives could include incapacity insurance or basic ability insurance. However, these often offer a lower level of benefits compared to a disability insurance policy. The statutory reduced earning capacity pension is usually insufficient.

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nextsure – Your digital platform for health and protection insurance. Transparent comparisons, easy online sign-up, and personal expert support make it possible.

nextsure – Your digital platform for health and protection insurance. Transparent comparisons, easy online sign-up, and personal expert support make it possible.

nextsure – Your digital platform for health and protection insurance. Transparent comparisons, easy online sign-up, and personal expert support make it possible.

nextsure – Your digital platform for health and protection insurance. Transparent comparisons, easy online sign-up, and personal expert support make it possible.