Facts
F., born in 1950, has been receiving a quarter pension from the Disability Insurance since November 1, 2003, with a degree of disability of 42%. In July 2005, he applied to the City of Dietikon, the implementing agency for supplementary benefits to the Old Age and Survivors' Insurance/Disability Insurance, for the receipt of benefits. The implementing agency granted him supplementary benefits with effect from November 1, 2004 in a decision dated June 15, 2007, taking into account a hypothetical annual earned income between CHF 23,066 (2004) and CHF 24,186 (2007) for the supplementary benefits. In a decision on the objection dated August 15, 2007, it reduced the imputed amounts to CHF 15,400 each. In a decision dated December 7, 2007, the City of Dietikon newly determined the supplementary benefits with effect from January 1, 2008 and continued to take into account a hypothetical earned income of CHF 15,400. The appeal filed by F. against this was dismissed by the Social Insurance Court of the Canton of Zurich in a decision dated January 16, 2009.Considerations
The Federal Supreme Court notes that the establishment of the facts by the lower instance is not obviously incorrect and is not based on a violation of the law. The lower instance rightly decided that the complainant, despite his degree of…