Facts
Z., born in 1962, has been suffering from a severe and persistent depressive development since 1981, which has made it impossible for her to practice her learned profession as a psychiatric nurse. On April 1, 1993, she applied to the Disability Insurance for benefits. By decision of August 5, 1994, the Compensation Fund of Schwyz awarded her a full disability pension from June 1, 1993, but rejected vocational integration measures by decision of August 9, 1994.
On appeal, the Administrative Court of the Canton of Schwyz revoked the pension award and instead granted Z. vocational measures. The IV-Office Schwyz then filed an administrative court appeal and requested that the decision of the cantonal court be overturned.
Considerations
The Federal Court first examines whether the respondent is entitled to a disability pension. Based on the existing degree of disability of more than two-thirds from June 1, 1993, she is entitled to a full disability pension. However, this pension award is subject to a revision reservation under Art. 41 IVG, as changes in the facts may result from the outcome of ordered and implemented integration measures.
The Federal Court then assesses whether the respondent is entitled to vocational integration measures, specifically retraining. It finds that due to her mental illness, her previous occupation as a psychiatric nurse is no longer reasonable for her, and retraining as a ladies' tailor represents a suitable alternative.
The Federal Court notes that the requirement of "approximate equivalence" of the retraining compared to the previous activity does not primarily focus…