Facts
The case concerns a woman born in 1958 who was partially employed as a kitchen assistant from 1995 to 2012. In June 2012, she applied for disability benefits from the Disability Insurance (IV) and stated that she suffered from various health problems. The IV office of the Canton of Zug found that there was no disability entitling her to benefits. The Administrative Court of the Canton of Zug dismissed the appeal filed against this decision.
The appellant filed an appeal in public law matters, requesting that the IV office be obliged to pay her a full disability pension. Alternatively, the lower court should be instructed to obtain an interdisciplinary expert opinion.
Considerations
The Federal Supreme Court partially upholds the appeal.
It states that in the diagnosis of persistent somatoform pain disorders and comparable psychosomatic disorders, the aspect of functional effects and the exclusion criteria according to BGE 131 V 49 E. 1.2 p. 51 must be taken into account. The previous rule/exception model (presumption of overcomability) is replaced by a structured evidentiary procedure. Based on a catalogue of indicators, an open-ended symmetrical assessment of the actually achievable performance capacity is carried out.
The abandonment of the presumption of overcomability does not change the rules regarding the reasonableness of demands. For the question of whether it is reasonable to expect the insured person to perform work, an objectified view is…