What the Higher Regional Court of Brandenburg decided regarding specific referrals in occupational disability insurance
Returning to work after a period of occupational disability does not automatically result in the loss of one's entitlement to disability pension. According to a ruling by the Higher Regional Court of Brandenburg on March 11, 2026 (Case No. 11 U 36/25), this even applies if the salary remains the same. The decisive factor is whether the new job is commensurate with one's previous standard of living. Rogert & Ulbrich will review your case to determine whether your insurer is justified in referring you to another job.
The case: From Product Owner to Service Manager at the same employer
The plaintiff worked as a product owner for connectivity and IT security. He had supervisory authority over a team of technicians, bore significant professional responsibility, and was on call. He had a supplementary occupational disability insurance policy since 2005. Due to a heart condition (vasospastic angina pectoris) with pain attacks, he was no longer able to perform this job from 2019 onwards.
His employer reassigned him to a different position. Since the beginning of 2024, he has worked full-time as a Senior Service Manager. His new role was operational and supportive; he processed requests in the ticketing system and no longer held any management responsibilities. His salary remained unchanged.
The insurer disputed the claim of occupational disability and further argued that the plaintiff was now performing a comparable occupation. The Potsdam Regional Court ruled in favor of the insured. The Brandenburg Higher Regional Court dismissed the insurer's appeal and denied leave to appeal to the Federal Court of Justice.
Is your insurer referring you to your new job? Have it checked whether the requirements for this are actually met.
Specific reference: What the law and jurisprudence require
Many disability insurance policies contain a clause regarding specific referral. This allows the insurer to refuse or discontinue benefits if the insured person is actually engaged in another occupation that corresponds to their previous standard of living. Section 172 of the German Insurance Contract Act (VVG) refers to disability in the last occupation held. Whether and how such referral is permissible is governed by the policy terms and conditions.
According to the Federal Court of Justice, a new job is only comparable if it does not require significantly less knowledge and skills and is not noticeably lower than the previous level in terms of pay or social standing. The courts take particular account of the following:
- Education and qualifications: What skills does the new position require compared to the old one?
- Earnings: What is the income before and after?
- Career advancement opportunities: Does the new position offer comparable career prospects?
- Scope for decision-making: Can the insured person still make independent decisions?
- Supervisory and trust functions: Are there still any management or directive powers?
- Social standing: How is the activity perceived in the professional and social environment?
The insurer must prove that the conditions for its payment no longer apply. However, the insured person must specifically explain why the new job does not correspond to their previous standard of living.
A referral is not automatic. Before accepting a letter from your insurer, you should carefully examine the criteria.
Why the consistent salary was not decisive in this case
The insurer based its claim primarily on the unchanged income. The Higher Regional Court of Brandenburg rejected this argument. The court viewed the unchanged salary as a concession by the employer, not as an indication of an equivalent professional position.
The decisive factor was the qualitative decline. As Product Owner, the plaintiff had technical responsibility, the authority to give instructions, and a prominent role within the team. As Service Manager, he performed operational support without management duties or comparable decision-making authority. Thus, a comparable standard of living was lacking, even though the salary appeared the same.
The court ordered the insurer to pay the disability pension, exempt the insured from premium payments, and pay the profit participation. The insurer also had to reimburse the out-of-court legal fees.
The comparison of actual tasks before and after the illness is crucial. Document these differences as early as possible.
Typical mistakes made by insured persons after a career change
After changing jobs, insured individuals often make mistakes that later weaken their position. These include:
- Incomplete job description: Describing your previous job solely with a job title makes it easier for the insurer to refer you to another position. A precise description of your duties, responsibilities, and decision-making authority is necessary.
- Focus solely on salary: As the ruling shows, income is only one criterion among several.
- Unverified consent: Some insured persons readily confirm in questionnaires that the new activity is comparable.
- Missing documents: Job descriptions, organizational charts, target agreements and employment references document the difference between the old and new positions.
- Missed deadlines: Anyone who fails to have a benefit adjustment reviewed risks losing their entitlements.
Do not sign a declaration regarding the comparability of your new job before you know what the consequences will be.
You can find more information about disability insurance on our website. Lawyer specializing in disability insurance.
Benefit suspension during the review process: What you should pay attention to
If the insurer has already acknowledged its obligation to provide benefits, it cannot simply cease payments. According to Section 174 of the German Insurance Contract Act (VVG), it must provide a comprehensible explanation in the review process as to why the conditions for the obligation to provide benefits no longer apply and communicate this to the insured person in writing. The insurer is released from its obligation to provide benefits no earlier than the end of the third month after receipt of this notification.
Especially when referring an insured to a new position, the notification must clearly explain why the insurer considers the new job comparable. A general explanation is insufficient. The insured's own account should also not be dictated by the insurer.
We will review whether the hiring notification is formally valid and whether the substantive justification is sound. Further information on typical reasons for rejection can be found on our page about... Claims denied by insurers.
Has your insurer stopped your disability pension because of your new job? Have the notification reviewed before you accept it.
What insured persons can take away from the ruling
The ruling by the Higher Regional Court of Brandenburg shows that a new employment contract or an unchanged payslip does not answer the question of pension entitlement. The comparison is made between the actual duties performed before and after the illness.
For insured individuals who have changed positions after a health-related impairment, this results in clear steps to take. Document the responsibilities, decision-making authority, and leadership tasks that characterized their previous role. Describe what aspects of these are lacking in their new position. Keep all documentation that substantiates these differences.
Every case is different. Whether a referral is permissible depends on the specific insurance terms and the actual activities performed. An individual assessment will clarify whether you are still entitled to disability benefits.
Did you change jobs after an illness and your insurer is questioning your claim? Have your claims reviewed now.
Rogert & Ulbrich – Your lawyers in insurance law
Rogert & Ulbrich represents policyholders nationwide against disability insurers, health insurers, and property insurers. The firm is managed by Dr. Marco Rogert and Tobias Ulbrich and has already handled over 40,000 cases. Insurance law We are familiar with the typical argumentation patterns of insurers, especially regarding referrals and benefit discontinuations.
We will review your insurance policy, the denial of benefits or notification of discontinuation of coverage, and the specific activities you underwent before and after your illness. We will pursue your claims against the insurer out of court. If necessary, we will also represent you in court.
Has your insurer referred you to a new job or stopped your disability pension? Get in touch and secure your claims.
