The additional conditions for young disabled were not met

A young woman who became disabled in 2020 claimed an additional disability benefit under the special rules for young disabled in the National Insurance Act.

After a mild concussion, the woman had headaches, significantly impaired memory and concentration, and a lack of orientation and time perspective. This medical condition had significantly reduced her functioning. According to the Court of Appeal, the condition was disabling. This made simple tasks like housework and shopping a large mental burden for her. However, there was no diagnosis or objective findings related to a serious medical condition.

The Supreme Court, referring to a previous ruling (HR-2021-2276-A), concluded that the medical condition was not severe enough to meet the strict criteria for receiving higher benefits as a young disabled person. The condition exemplifies the diffuse and complex ailments that the legislator intended not to meet the additional criteria for receiving higher benefits. The Supreme Court found in favour of the State.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Area of law: National insurance law. Section 12-13 subsection 3 of the National Insurance Act

Key paragraphs: 24-25

Justices: Matheson, Falch, Høgetveit Berg, Stenvik, Sivertsen