Facts
A., born in 1954, reported to the Disability Insurance (IV) in July 2005 due to back problems in order to claim benefits. The IV office in Bern initially denied the pension claim, whereupon the Administrative Court of the Canton of Bern remanded the case to the administration for further clarification. The IV office then arranged for a multidisciplinary assessment and an evaluation of functional capacity, after which it again denied the pension claim.
A. appealed the decision of the Administrative Court of the Canton of Bern, which had confirmed the rejection of the pension claim, by filing a public law appeal.
Considerations
The Federal Supreme Court dismissed the appeal. It found that the lower court had rightly relied on the probative partial expert opinions, which did not reveal any relevant organic or mental impairments with a disease value. The diagnosis of a somatoform pain disorder made in the main expert opinion was not considered sufficiently substantiated by the Federal Supreme Court, as this diagnosis must be made comprehensibly exclusively by a psychiatrist according to case law.
The Federal Supreme…