Incorrect documents

Long-Covid patient sues the pension insurance fund

Markus Feiertag (above) suffers from a severe post-viral syndrome. However, the pension insurance fund denied his application for disability benefits.(Bild: Krone KREATIV/Martin Jöchl, Privat)

Because the expert opinion is based on outdated and factually incorrect training materials, a man from Styria is taking a bold step. After his application for a disability pension was denied, the Styrian, who is severely ill with Long Covid, now wants to recover the difference between his disability pension and emergency aid from the PVA through a civil lawsuit. 

“I used to be a soccer referee; now I have to sit down after just a few steps. Whether it’s brushing my teeth or going to the bathroom—some days, I can’t do anything at all,” says Styrian Markus Feiertag, explaining that he feels “like a lump of lead.” The former brewery employee from Gratkorn has been suffering from a severe post-viral syndrome with Long Covid and ME/CFS symptoms since his Covid-19 infection.

Since he is no longer able to work, he relies on public benefits. However, the Pension Insurance Institute rejected his application for a disability pension in a decision dated January 2024.

Outdated training materials for assessors
Because the agency, as well as ÖBAK—which offers training for experts—used completely outdated and incorrect materials, the patient has now taken a bold step: The 55-year-old is suing the Pension Insurance Institute (PVA) and ÖBAK.

Whether brushing his teeth or using the restroom—on some days, nothing works at all.

Markus Feiertag

“We assume that he would have received the pension if the assessments had been proper and not based on outdated and factually incorrect training materials,” says his attorney, Hubert Niedermayr.

Difference from Unemployment Benefits
The lawsuit seeks the difference between the disability pension and the emergency assistance that Feiertag currently receives. The landmark trial will take place at the Regional Court for Civil Matters in Vienna. “We who are ill have a right to reasonable benefits. After all, we’ve been paying into the system for years,” Feiertag told the “Krone.”