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Equal status at GdB 30 or 40

The only application on this page decided by a different authority

Agentur für Arbeit§ 151 SGB IXFree of charge

Anyone with a GdB of 30 or 40 is not severely disabled — the threshold is 50. For this group there is equal status (Gleichstellung): it opens up some of the rights of severely disabled people, where a suitable job cannot otherwise be obtained or kept.

The most important point in practice is jurisdiction, and here it differs from everything else on these pages. Under § 151 Abs. 2 SGB IX, equal status is granted “on the basis of a determination under § 152, on the application of the disabled person, by the Federal Employment Agency (Bundesagentur für Arbeit)”. The Versorgungsamt therefore determines the GdB — but the decision on equal status is taken at the employment agency. An application not submitted there has gone to the wrong body.

Equally important is timing: equal status takes effect on the day the application is received. Anyone who applies for it only once a dismissal is on the table will, as a rule, achieve nothing further for a dismissal already given. It is a tool for forward planning, not for last-minute defence.

Last updated28 August 2026
Legal basis§ 2 Abs. 3 SGB IX · § 151 SGB IX
Verification§ 151 Abs. 2 SGB IX in full
Written and reviewed byAndrés Sánchez Botta
Independent information website: we are not the Versorgungsamt, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. No legal advice and not an official authority. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
DecidesAgentur für ArbeitNot the Versorgungsamt
EffectiveFrom receipt of the application§ 151 Abs. 2 SGB IX
RequirementGdB 30 or 40Plus a link to the job
Required documents

What you need

The notice of determination of the GdB

Equal status requires a determination under § 152 SGB IX. Without a determined GdB of at least 30, the agency cannot decide — the route therefore leads first through the Versorgungsamt.

Details of the job

Employer, role, requirements. Equal status is tied to the fact that without it, a suitable job cannot be obtained or kept — the link to the specific job is therefore the heart of the application.

An account of the difficulties caused by the disability

Which requirements of the job can you, because of your disability, only meet to a limited extent? Frequent absences, necessary adjustments, restrictions on certain tasks — this is the point on which the application is won or lost.

A statement from the employer, where applicable

It is not mandatory, but it can considerably strengthen the application — particularly if the employer confirms that adjustments are needed or that the employment is at risk.

Clarity about what equal status does not bring

It opens up special protection against dismissal and benefits for participation in working life. It does not, however, bring additional leave, a travel token for free travel, or earlier pension access — these depend on severe disability status from a GdB of 50.

Step by step

How to proceed

  1. 1

    First have the GdB determined

    Equal status requires a determination under § 152 SGB IX. If the procedure at the Versorgungsamt is still under way, the application for equal status can already be submitted — but it is decided only on the basis of the notice.

  2. 2

    Submit the application to the employment agency

    Not at the Versorgungsamt. § 151 Abs. 2 SGB IX expressly assigns the decision to the Federal Employment Agency. An application addressed to the Versorgungsamt will be forwarded, but that costs time — and the day of receipt determines when it takes effect.

  3. 3

    Apply early, not only once there is a dispute

    Equal status takes effect from the day the application is received. It regularly comes too late for a dismissal already given. Anyone who can foresee difficulty keeping their job should therefore not wait.

  4. 4

    Set out the link to the job concretely

    It is not about the GdB as such, but about the fact that without equal status, a suitable job cannot be obtained or kept. Describe the concrete difficulties — general information about the condition does not carry the application.

  5. 5

    Assess the effects correctly

    Equal status brings special protection against dismissal and benefits for participation in working life, but neither additional leave nor a travel token nor earlier pension access. Anyone expecting those needs a GdB of 50 — and therefore possibly an application for a new determination, with the risk described there.

Fee information

Costs and payment

What equal status brings and costs§ 2 Abs. 3 and § 151 SGB IX
ApplicationFree of charge
Deciding bodyAgentur für Arbeit
Effective fromDay the application is received
Special protection against dismissalYes
Additional leaveNo
Travel token and pension accessNo

Equal status opens up some of the rights of severely disabled people, not all of them. It is aimed at the job: special protection against dismissal and benefits for participation in working life. Additional leave, free transport and earlier pension access remain reserved for severe disability status from a GdB of 50.

Good to know

Important notes

The decision on equal status is taken by the Federal Employment Agency under § 151 Abs. 2 SGB IX, not by the Versorgungsamt. The Versorgungsamt only determines the underlying GdB.

Equal status takes effect on the day the application is received. It comes, as a rule, too late for a dismissal already given.

It requires a GdB of at least 30 and less than 50, as well as a link to the job: that without it, a suitable job cannot be obtained or kept.

It brings special protection against dismissal and benefits for participation in working life — but not additional leave, a travel token or earlier pension access.

The application is free of charge, as is an objection. Legal action is decided by the social court, free of charge under § 183 SGG.

Avoid these mistakes

Common mistakes

Submitting the application to the Versorgungsamt. The employment agency is responsible.

Applying only once the dismissal has been given. Equal status takes effect from receipt of the application.

Basing the application on the condition rather than on the concrete difficulties at work.

Expecting additional leave or a travel token. Both depend on severe disability status from GdB 50.

Applying without a determined GdB. Equal status requires a determination under § 152 SGB IX.

Frequently asked questions

Questions and answers

Who decides on equal status?

The Federal Employment Agency. § 151 Abs. 2 SGB IX provides that equal status is granted “on the basis of a determination under § 152, on the application of the disabled person, by the Federal Employment Agency”. The Versorgungsamt is responsible only for the underlying determination of the GdB — the application for equal status belongs with the agency.

From when does equal status take effect?

From the day the application is received at the employment agency. This is why it is a tool for forward planning: anyone who applies for it only after a dismissal has been given will, as a rule, achieve nothing further for that dismissal. Where difficulties at work can be foreseen, the application should therefore be submitted early.

What rights does it bring?

Above all, special protection against dismissal, for which the employer needs the consent of the Integrationsamt (Integration Office), as well as benefits for participation in working life and the possibility for the employer to count the employment towards the mandatory quota. Not included are additional leave, free transport with a travel token and earlier pension access — these require a GdB of at least 50.

From what GdB is it possible?

With a determined GdB of at least 30 and less than 50 — in practice, therefore, 30 or 40, because the GdB is determined only in steps of ten. It must also be the case that, without equal status, you cannot obtain or keep a suitable job.

Does my employer have to find out about it?

For special protection against dismissal to take effect, the employer’s knowledge is practically decisive, much as with severe disability. The agency regularly involves the employer in the procedure, because it concerns the specific job. A statement from the employer can also support the application.

What if the application is refused?

Then the usual one-month deadline for an objection applies, addressed to the employment agency. If it does not succeed, the social court decides — here too, free of charge under § 183 SGG. If the deadline has already passed, reinstatement into the previous position under § 27 SGB X and the application for review under § 44 SGB X come into consideration.

Related official procedures

First GdB application
The overall GdB is not a sum
Determination from GdB 20
Severe disability pass (Schwerbehindertenausweis)
From GdB 50 — with disability codes
Free of charge
Objection (Widerspruch)
One month — after that, the social court
Free of charge, § 183 SGG

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