Facts
A., born in 1960, worked as an accounts payable clerk at B. AG at a rate of 70% from October 1, 1998. On March 8, 2015, she reported a burnout to the Disability Insurance and applied for benefits. From January 15 to March 28, 2015, A. was treated as an inpatient at Clinic C. for a diagnosed moderate depressive episode with somatic symptoms (ICD-10 F32.1) and an exhaustion syndrome (ICD-10 Z73.0). The psychiatrist Dr. med. D. subsequently consulted attested to her complete incapacity to work, with the same diagnostic assessment. The IV office of the Canton of Zurich rejected the claim for benefits, as there was no health impairment relevant to disability insurance law.
A. filed a complaint with the Social Insurance Court of the Canton of Zurich and submitted a psychiatric expert report by Dr. med. E. The court upheld the complaint and determined that the insured person was entitled to a full disability pension as of November 1, 2015. The IV office appeals the case in public law matters and requests that its decision of November 17, 2015 be confirmed.
Considerations
The Federal Court first notes that the previous case law, according to which mild to moderate depressive disorders are only considered disabling if they are proven to be therapy-resistant, is to be abandoned. This practice must be questioned and examined whether it can be maintained.
The Federal Court affirms that in disability insurance, the treatability of a condition does not absolutely preclude the onset of a disability entitling to a pension. The decisive factor is whether it…