Facts
This judgment addresses the question of how the countable income of partially disabled individuals should be determined in the calculation of supplementary benefits (EL). The Compensation Fund of the Canton of St. Gallen had filed an appeal against a decision of the Insurance Court of the Canton of St. Gallen.
The respondent had been classified by the Disability Insurance (IV) as 50% employed, with a degree of disability of 50%. According to the provisions of the Supplementary Benefits Ordinance (ELV), the Compensation Fund would have had to base the calculation of the EL on this degree of disability and the resulting hypothetical earned income.
However, the lower court had assumed that the respondent was unable to actually earn this hypothetical income due to reasons unrelated to the disability (lack of education, mental impairments). Therefore, it had taken into account a lower earned income corresponding to the actual income.
Considerations
The Federal Supreme Court held that the EL authorities are generally bound by the disability assessment of the IV and must only conduct their own investigations if it is apparent from the files that the insured person cannot earn the income in question.
In doing so, the EL authorities merely have to examine whether reasons unrelated to the…