Lawyer with expertise in social law in Berlin

Are you unsure whether you have a claim to support? Have you received an official order and want to have it reviewed for a fixed price? As a lawyer with expertise in social law I will gladly advise you.

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Please mind the relatively short deadlines for filing an objection or appeal in the instruction on right to appeal on the official order.

Many people avoid reaching out to the social office to request assistance. Especially in older age after a long working life, everyone hopes not to have to depend on state welfare. The tool of the basic pension was created especially for people with low income. Read my paper on that topic to find out whether you have a claim to this.

The relatives of people in need of care know how expensive nursing homes are. Public healthcare only covers a part of the costs and the pension also isn’t enough. In this case it’s worth requesting assistance from the jobcenter. Arrears are usually covered via loans. But who has to eventually repay the loan? Are you concerned about having to pay parental maintenance?

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Only recently a minimum wage for care personnel was introduced and has increased costs for nursing home care again.

The social assistance authorities will review more commonly whether they can’t hold the children of the senior citizens in need liable for the care costs.

This is possible through § 94 Abs. 1a SGB XII. According to it, claims to maintenance of the beneficiary against their children are not to be considered unless their yearly income surpasses 100.000 EUR.

Don’t hesitate to contact me so I can support you in dealing with the social offices.

Hartz-IV for the self-employed?

The covid pandemic has Berlin in its grasp. The emergency relief of the senate can only be used for operating expenses. How are you supposed to pay for rent, electricity and groceries without income? Apply for basic security benefits for the self-employed now. § 67 SGB II makes it possible.

Neither existing assets nor the adequacy of rental costs are examined in the application. But keep in mind: the provision is limited to six months. Here the regulations in detail:

How much wealth can I keep?

Caution is advised here. To speed up the application, it is enough to state that you don’t have substantial assets. You have to give statements for all members of the household in need of benefit, also for spouses or partners. According to § 66a SGB XII substantial assets are regularly to be assumed from 25.000 EUR onwards.

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What amount of costs covered for accommodation and heating?

Here it gets a little easier. For the duration of six months the adequacy of the accommodation is assumed so no one has to terminate their rent contract due to covid. After six months a single extension for another six months can be granted if no reduction of costs is possible or reasonable. Owners of apartments can also enjoy this benefit. However, only the payment of interest is covered by the social office. The repayment can not be covered.

I will gladly advise you!

Book an appointment for a free initial assessment or contact me by phone, e-mail or via my contact form:

Lawyer Christian Janssen from Berlin

Law school: at Hamburg University
Clerkship: at Kassel District Court
Licensed as lawyer via the bar association Berlin since 2015

5 Questions and answers around basic pension

Basic pension was introduced on 01.01.2021. After long debate the grand coalition has finally decided on the basic pension. I have illustrated here whether you can enjoy it and what to mind.

The most important things in short:

Minimum of 33 basic pension times
Maximum of 0,8 payment points
No application needed
Assets remain unaffected, but income is deducted

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How many years do I have to have worked?

You have to have worked at least 33 basic pension times and paid contributions into the social pension fund. Because times of unemployment aren’t counted for these even though you have been paying into the social pension fund, the term of basic pension times is not to be confused with the term of contribution time. To be sure whether you reach the required time, you should apply for account clarification with the social pension fund. I will gladly support you with this.

Do I have to write an application?

You don’t have to actively apply. If the conditions are met, the pension payment is automatically credited to you.

How high is the basic pension?

Basic pension is intended as a maximum of 0,8 payment points. Why the payment points are so important is explained by the system of calculation for the amount of the pension. For this, four factors are generally important:
Pensionable years of employment (here 35)
Personal payment points (here 1,2 without basic pension; 2,0 due to 0,8 additional of basic pension)
Current pension value (here 32,03)
Pension type factor (here 5,0)
For demonstration see the following example of a pension due to occupational disability:
35 x 1,2 x 32,03 x0,5 -> 672,63 EUR gross pension monthly without basic pension
35 x 2,0 x 32,03 x 0,5 -> 1.1121,05 EUR gross pension with basic pension (therefore 448,42 EUR more gross pension)

What income and which benefits are deducted?

Here there is an income exemption of 15.000 EUR for solitary persons per year and 23.400 EUR for married couples or life partnerships.
If the income surpasses the exemption, 60% of it is deducted from the basic pension; from a yearly income of solitary persons of 19.200 (27.600 EUR for married couples or life partners) onwards, no basic pension is paid.
The exemption for guaranteed minimum pension for seniors is 216 EUR. With that you don’t have to worry about housing benefits anymore.

Why should I write a tax declaration in 2019 for basic pension in 2021?

The social pension fund checks the conditions for basic pension via data comparison with the tax office. For that the offices expect enormous difficulties, because the needed computer programs are not even coded yet. To not go empty-handed, you should therefore make it as easy for the social pension fund as possible. Have an income tax declaration in 2019 written for you and in doing so make sure that the social pension fund can easily learn your income in 2019. Only by declaring your income taxes you can claim expenditures for medication or repairs. With the income tax declaration, you can therefore achieve that you remain under the limit and can still enjoy the basic pension.

Other areas of law

Inheritance law

I would also be happy to execute your will on your behalf. I would also be happy to advise you on gifts and the tax implications of anticipated succession.

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Pension law

I would also be happy to assist you in drawing up your own personal living will, health care proxy, and power of attorney.

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Tax law

I will prepare your tax return, check your tax assessment, lodge an appeal, and handle the proceedings before the tax court.

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Airbnb law

When planning to rent out an apartment or house via the Airbnb portal, there are usually tax issues to be clarified. I would be happy to assist you with this.

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