Decision of the IV Office on the Assessment of the Degree of Disability

Facts

E., born in 1953, initially received a half disability pension, which was later revoked by the IV Office of the Canton of St. Gallen, as it had determined a total degree of disability of 35% after applying the mixed method. E. filed a complaint against this decision, whereupon the Insurance Court of the Canton of St. Gallen annulled the objection decision and remanded the case to the IV Office for further clarification. The IV Office then filed an appeal in public law matters with the Federal Supreme Court.

Considerations

The Federal Supreme Court states that the contested remand decision of the cantonal court is not a final decision, but an interim decision that can be challenged independently under the conditions of Art. 93 para. 1 BGG. This is the case here, as the IV Office is forced by the decision to issue a decision that it considers unlawful, without being able to challenge it later itself.

On the merits, the Federal Supreme Court criticizes that the lower court, in assessing whether the complainant would be fully employed in the case of good health, has based its decision on an incorrect legal concept of disability and a false understanding…