Rejection of the request for clarification by the IV office by the Social Insurance Court of the Canton of Zurich

Facts

- The IV office of the Canton of Zurich had granted D. a quarter pension from the Disability Insurance with a decision dated April 26, 2002. D. filed an appeal and the Social Insurance Court of the Canton of Zurich awarded him a full pension effective December 1, 1999 with a decision dated May 7, 2003. - The IV office requested the cantonal court to clarify the decision, as the operative part was in contradiction with the considerations. The court dismissed the request for clarification with a ruling dated September 24, 2003.

Considerations

The Federal Insurance Court came to the following conclusions

1. The dismissal of the IV office's request for clarification by the cantonal court does not violate federal law. Although the decision of May 7, 2003 contains contradictions between the operative part and the considerations, it is not arbitrary for the cantonal court to interpret § 162 of the Judicial Organization Act of the Canton of Zurich in such a way that only the operative part is subject to clarification and this does not contain any contradictions.

2. A material change in the pension…