Entitlement to a full disability pension despite remaining work capacity

Facts

The insured person, born in 1950, who had no vocational training and worked as a hotel porter, applied for disability benefits from the Disability Insurance (IV) in 2006. The IV office initially rejected the pension claim, as it determined a degree of disability of 20%. In two appeal proceedings, the case was remanded to the administration for further clarification. Based on an expert opinion from Hospital B. from April/August 2010, the IV office again concluded that the insured person was only 20% disabled. The Federal Supreme Court overturned the decision of the IV office and awarded the insured person a full disability pension retroactively from June 2010. It justified this by stating that, due to the insured person's advanced age of 60 years, his lack of vocational training, and his long-standing work as a hotel porter, he could no longer realistically utilize the remaining work capacity in the balanced labor market. Therefore, he was completely disabled.

Considerations

The Federal Supreme Court states that the point in time for assessing the employability of the remaining work capacity is not the time of the original decision, but the time of the medical assessment that allows a reliable determination of the facts. In the present case, this was the expert opinion from Hospital B. from April/August 2010.

In examining the employability of the remaining work capacity, the Federal Supreme Court takes into account the insured person's advanced age of 60 years, his lack of vocational training, and his long-standing work as a hotel porter. It…