After Second Court Case, Osaka High Court Upholds Right to Disability Pension for Type 1 Diabetes Patients, Reversing Govt’s Decision

From NHK

April 19 2024

OSAKA – A second court case was held in which eight patients with type 1 diabetes, whose bodies cannot produce insulin to lower blood sugar levels due to immune abnormalities, sued the government, claiming that it was unfair to have their basic disability pension payments terminated. The high court, contrary to the first court case, approved the lawsuit and ordered the government to pay pensions to all eight people, stating that it was illegal to deny them pensions.

Type 1 diabetes is a disease in which the cells of the pancreas are destroyed due to immune abnormalities, making the body unable to produce insulin to lower blood sugar levels.

Eight years ago, eight patients living in Osaka, Nara, etc. filed a lawsuit against the government after their long-term basic disability pension was discontinued, and all of them won, but they were subsequently rejected again by the government. Since the payment was made, they filed a second complaint.

Three years ago, the Osaka District Court rejected the lawsuit, and the patients filed an appeal.

In a ruling on the 19th, Osaka High Court Chief Judge Kumiko Honda said, “This disease is difficult to cure, and it greatly interferes with daily life, such as requiring constant care with meals and work.” It cannot be said that there is any reason to suspend the payment, and the country’s decision not to approve the payment is illegal.”

The court then stated, “When we comprehensively evaluate each plaintiff’s lifestyle, it is recognized that his/her daily life is severely restricted,” and he/she falls into the second grade of disability eligible for pension payments, contrary to the first instance. granted the appeal, canceled the decision not to provide pensions, and ordered the government to pay pensions to all eight people.

Regarding the ruling, the Ministry of Health, Labor and Welfare commented, “Going forward, we would like to respond after closely examining the contents of the ruling at the relevant ministries and agencies.”

Plaintiff: “I’m glad they finally recognized it.”

After the ruling, Kaoru Takitani, one of the plaintiffs, said, “I’m glad that people are finally recognizing our illness.Some people with disabilities can’t speak out.Everyone with a disability I want people to pay attention to me,” he said.

The head of the defense team, attorney Kiyoshi Kawashita, said, “This is a result of the plaintiffs sincerely recognizing the severity of their disabilities and the hardships they face in their daily lives.’’