Reduction of the disability pension by the IV office

Facts

L., born in 1975, initially received a full pension from the IV office of the canton of Aargau and from May 1998 a half pension. In 2002, the pension was increased to a full pension. In August 2007, the IV office initiated a revision procedure and obtained, among other things, a progress report from the treating psychiatrist. It also had L. examined by a specialist in psychiatry and psychotherapy from the regional medical service (RAD). Thereupon, the IV office reduced the full pension to a half pension by decision of 21 April 2008.

L. filed a complaint against the decision of the Insurance Court of the Canton of Aargau, which the Federal Court dismissed.

Considerations

The Federal Court states that Art. 44 ATSG, which regulates the insured person's right to participate in the assessment, is also applicable in the procedure before the IV offices. This corresponds to the legislator's intention to uniformly design the right to participate.

However, Art. 44 ATSG does not apply to examinations by the regional medical services (RAD) of the IV offices. These belong to the administration and their reports constitute internal insurance documents that are not covered by Art. 44 ATSG. The legislator wanted to equip the RAD with the…