Facts
The case concerns a complaint against the decision of the IV-Stelle Luzern (Disability Insurance Office Lucerne) and the Administrative Court of the Canton of Lucerne. The complainant requested a revision of her disability pension due to a negligible change in her degree of disability.
According to the calculations of the IV-Stelle, the complainant's degree of disability increased from 59.45% to 59.7%, which, however, due to the rounding rules, would lead to an increase in the pension from a half to a three-quarter pension.
Considerations
The Federal Supreme Court had to clarify whether such a negligible change in the degree of disability, which nevertheless has an effect on the pension, is to be considered "significant" within the meaning of Art. 17 para. 1 ATSG and thus justifies a pension revision.
The court stated that in disability insurance, where the pension is graded according to threshold values, even a negligible change in the facts can give rise to a revision, provided it leads to the threshold being exceeded. What matters is not the absolute size of the change, but whether it becomes…