Facts
J. B., born in 1943, a traveling salesman, has been receiving a half disability pension based on a 50% degree of disability since September 1, 1982. In the context of a review of the entitlement to supplementary benefits, the Compensation Fund of the Canton of St. Gallen reduced the entitlement to supplementary benefits, taking into account an acceptable earned income of CHF 19,800, with effect from April 1, 1989, to CHF 548 per month.
The insured person's spouse filed a complaint against this with the Insurance Court of the Canton of St. Gallen and requested the revocation of the reduction decision. The cantonal court referred the matter back to the administration for supplementation of the file and recalculation of the supplementary benefits.
The Compensation Fund filed an administrative court appeal and requested that the entitlement to supplementary benefits be set at CHF 871 per month, based on an imputable annual income of CHF 12,800.
Considerations
The Federal Insurance Court states that the administration must inform the insured person of the intended imputation of a hypothetical earned income before issuing the decision and request his comments. If the insured person raises objections, the administration must examine them and, if necessary, make further clarifications to assess whether the legal presumption of Art. 14a para. 2 ELV can be rebutted.
In terms…