An occupational disability does not have to be total before a claim arises. Many people can only practise their occupation in part after an illness, and that is exactly when the question arises whether and how much the insurance pays. This guide explains what the statutory definition covers, how partial benefits are typically built into the policy and how partial occupational disability differs from a reduced earning capacity pension.
Short answer: Under § 172 subsection 2 VVG, a person is occupationally disabled if they are expected to be permanently unable to practise their occupation in whole or in part. Whether a partial benefit is paid, and in what amount, is set by the policy terms, and the scale differs from contract to contract. The contract clause therefore always decides. Last updated: November 2026.
Key points
- The statutory definition also covers partial occupational disability, provided it is expected to last.
- Whether a partial benefit is paid and how high it is depends on the policy terms rather than on the statute.
- Partial benefits are often scaled to the degree of limitation, but the thresholds differ.
- The reduced earning capacity pension of the statutory pension insurance asks a different question, namely capacity on the general labour market.
- For the assessment, shares of your activities and medical findings that document the extent of the limitation count.
What does partially occupationally disabled mean?
Under § 172 subsection 2 VVG, a person counts as occupationally disabled if they can no longer practise their last occupation, in whole or in part, because of illness, bodily injury or age-atypical loss of strength, and this is expected to be permanent. The partial view therefore relates to the occupation itself. What matters is which shares of the activity are no longer possible and whether that limitation is lasting.
The word “partial” does not mean that a slight impairment is enough. The limitation must be serious enough to affect a substantial part of the professional activity, and it must be expected to continue. Anyone who works fully again after a few weeks does not meet this requirement.
How is the extent of the limitation measured?
The statutory definition says that a partial limitation can be sufficient, but not how it translates into money. The policy terms regulate that. In practice three basic forms can be distinguished, and they can be designed differently in each contract.
| Model | How it works | What to watch |
|---|---|---|
| Graded model | Benefit follows fixed steps of the degree of limitation | Thresholds between the steps and the amount per step |
| Proportional model | Benefit grows in proportion to the extent of the limitation | How the extent is calculated and which activities count |
| No partial benefit | Paid only for full occupational disability | Whether this still gives you the protection you want |
How does the partial benefit relate to shares of your activities?
To establish which part of the occupation is still possible, a precise breakdown of tasks helps. Splitting your work into shares shows more clearly which tasks drop away and which still work. This matters especially where the occupation combines different tasks, as BU für Selbstständige und Freelancer: Was anders ist (in German) describes.
Assumption: you can no longer permanently carry out about 60 percent of your previous tasks, while the remaining 40 percent stay possible. Whether this share is enough for a partial benefit, and in what amount, is decided solely by the policy clause. The example only shows why a clean breakdown in advance is useful.
How does this differ from the reduced earning capacity pension?
The reduced earning capacity pension of the German pension insurance (Deutsche Rentenversicherung) follows a different question. Under § 43 subsection 1 SGB VI, a person is partially reduced in earning capacity if, because of illness or disability, they cannot work at least six hours a day under usual labour market conditions for an indefinite period. The benchmark is therefore general capacity to work, not the specific occupation.
| Feature | Occupational disability insurance | Reduced earning capacity pension |
|---|---|---|
| Benchmark | Last occupation practised | Capacity on the general labour market |
| Time element | Expected to be permanent | Indefinite period |
| Partial benefit | Follows the policy terms | Partial reduction defined by statute |
| Legal basis | § 172 VVG and policy terms | § 43 SGB VI |
Both can play a role side by side. A statutory pension therefore does not automatically replace benefits from a private occupational disability policy. The process of a claim is described in BU-Leistungsantrag stellen: Unterlagen, Fristen und Gutachten (in German).
Which documents prove a partial limitation?
Under § 31 VVG the insurer may request information needed to establish the extent of its obligation to pay. For a partial limitation, medical findings alone are often not enough. A description of which activities are affected and to what extent is helpful.
- Collect medical findings and progress reports with statements on working capacity.
- Draw up a list of your previous activities with time shares.
- Set out current activities that remain possible and those that drop away.
- Add employer confirmations or evidence of changed tasks.
Frequently asked questions
Does every occupational disability policy pay for a partial limitation?
No. Whether a partial benefit is provided is set out in the policy terms. Some contracts pay only for full occupational disability, others scale the benefit. Read the conditions before signing rather than comparing only the sum insured.
Can a partial benefit change later?
That depends on the contract. Many tariffs provide for the condition to be reviewed later. The procedure and the consequences of a change are explained in BU-Nachprüfung: Was passiert, wenn es dir wieder besser geht? (in German).
What applies if I can only work a few hours a day?
For the reduced earning capacity pension, part-time work is measured against the six-hour threshold. For occupational disability, what matters is how the activity of your last occupation has changed. Both should be considered separately.
How long must the limitation last?
Under § 172 subsection 2 VVG, the limitation must be expected to last. A short-term impairment is not enough. Medical course reports that support the prognosis help the assessment, but they are no guarantee.
How to proceed now
- Read the policy terms on partial benefits and note the scale.
- Break your activities into shares and record them in writing.
- Collect findings and course reports that support the prognosis of the limitation.
- If a claim is rejected, review the reasons, for example with the help of BU abgelehnt: Was du jetzt tun kannst, bevor du aufgibst (in German).
Related guides
- How do I protect my working capacity? The overview for career starters (in German)
- Disability re-examination: what happens when you feel better again (in German)
- Premium waiver in a disability claim: what happens to the premium (in German)
- Filing a disability claim: documents, deadlines and assessments (in German)
- Disability claim rejected: what you can do now, before giving up (in German)
Sources: § 172 VVG, Benefits of the insurer (occupational disability), last updated November 2026; § 43 SGB VI, Reduced earning capacity pension, last updated November 2026.
Last updated: November 2026. This guide is general information, not individual advice.
