Facts
A., born in 1966, applied for disability benefits from the Disability Insurance (IV) in September 2014. The IV office of the Canton of Zurich ordered a multidisciplinary assessment of the insured person at the Medical Assessment Institute (ABI) GmbH, Basel. After the ABI had prepared a progress report in March 2018 and supplemented it regarding the ability to work in April 2018, the IV office denied a pension claim.
A. appealed against the decision of the Social Insurance Court of the Canton of Zurich, which dismissed his appeal, with a public law appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that according to Art. 72bis para. 2 of the Ordinance on Disability Insurance (IVV), the assignment of multidisciplinary assessments must be made by random selection. However, it is permissible if, within the framework of the same clarification procedure, a progress report is obtained from the same medical clarification office, provided that the assignment for the initial assessment was made by random selection.
The Federal Supreme Court justified this by stating that the random principle is intended to eliminate structural disadvantages, but it is not…